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Proc.) Defendant and respondent, on the other hand, relies on the rule announced in Southern Pac. It is the plaintiff's theory upon this appeal that the action is based upon the written acknowledgments and promises therein contained (express and implied) and that the action was therefore timely commenced having been brought within four years after the due date therein fixed. We pass the general demurrer with the observation that it is not well taken. It was sustained, without leave to amend, upon the latter ground. "This is to certify that I owe John Vassere $349.00 for additional wages with interest at 7%.ĭefendant demurred on the grounds that the complaint failed to state a cause of action and that the action was barred under the two-year period of limitation prescribed in section 339 of the Code of Civil Procedure. "This is to certify that I owe John Vassere $496.44 for additional wages with interest at the rate of 7%. Interest to be charged from this date to March 1st at rate of 7% per annum. Joerger, owe John Vassere $776.69 for wages due to date with interest included to date and promise to pay same on or before March 1st, 1931. The acknowledgments and agreements to pay, which are written on a single sheet of paper, are set out in haec verba in the complaint, as follows: The complaint then alleged that no part of the amount had been paid and prayed for judgment. It is alleged in the complaint that within four years last past the defendant became indebted to plaintiff's assignor for services rendered in the sum of $1622.13, and in writings acknowledged, signed and agreed to pay said indebtedness. The action was commenced on February 15, 1935. Plaintiff appeals from a judgment of dismissal entered upon the sustaining of a demurrer to an amended complaint without leave to amend. JOERGER, Respondent.Ĭarter, Barrett, Finley & Carlton, as Amici Curiae, on Behalf of Respondent.
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