Opinion
Commissioners' decision.
Department 1. Appeal from superior court, Sacramento county.
SYLLABUS
ACTION ON OPEN ACCOUNT -- WHAT MAY BE RECOVERED.
In an action on an account, where there are not reciprocal demands, the plaintiff can only recover for items which accrued within the last two years proceeding the commencement of the suit.
Ball & Craig and Beatty & Denson, for appellant.
Henry Edgerton and Ad. C. Hinkson, for respondent.
FOOTE, C., We concur: BELCHER, C. C.; SEARLS, C.
OPINION
FOOTE, C.
Action on "an open, mutual, and current account." The account sued on was not reciprocal in its demands, and is not within the provisions of section 344, Code Civil Proc. All that the plaintiff was entitled to recover were the charges made for the last two years of Belden Gwinn's service as a man of all work in his father's employ. We perceive no further error on the part of the court in the case. The judgment and order should be reversed and the cause remanded.
We concur: BELCHER, C. C.; SEARLS, C.
BY THE COURT.
For the reasons given in the foregoing opinion the judgment and order are reversed and the cause remanded.