Suit on Account & Statue of Limitation
Grant of summary judgment to defendant REVERSED in plaintiff’s suit on account as trial court erred in ruling that applicable 4-year statue of limitation barred plaintiff’s complaint; plaintiff submitted authenticated invoices showing dates more recent than four years prior to when it filed suit; trial court erred in basing its grant of summary judgment on plaintiff’s purported admission that its claims accrued on April 3, 2001, since plaintiff clearly stated that it was referring to accrual of breach of contract claim, which it had just amended its original complaint to include, and to which 6-year statue of limitation would apply.
Avery Enters, Inc. v. Lyndhurst Builders LLC, A10A0617 (06/08/2010)
From: Fulton County Daily Report (06/25/2010)
