Opinion
(April Term, 1795.)
On a continuous dealing the statute runs from the last item.
ASSUMPSIT for goods, wares and merchandise sold and delivered. General issue and statute of limitations pleaded; and the principal question of law was, whether the act of limitations runs from the date of each article in the account or from the date of the last article only.
The act runs from the date of the last article in the account only, where the account has been running on from its first commencement; but where it is once deserted or ended between the parties, then from that time. Verdict was found accordingly, and the plaintiff had judgment.
See Kimball v. Person, 3 N.C. 394.