ISSUE:
Whether the acknowledgment of liability by the defendants in the plaintiff’s account book amounted to an unqualified acknowledgment, creating a fresh cause of action?
Whether the plaintiff’s suit could be maintained solely on the basis of an acknowledgment of liability?
Whether the acknowledgment was obtained through coercion, misrepresentation, or fraud?
Whether the defendants, despite maintaining their own accounts, could dispute the balance without producing their own books of account?
RULE:
An acknowledgment of liability, when unqualified, is sufficient to create a fresh cause of action as it implies a promise to pay. A person who acknowledges a debt as correct is presumed to intend payment, unless they specify otherwise. The law does not require an express promise—accepting the correctness of a balance implies an obligation to discharge it.
A suit can be maintained on an acknowledgment when it is made in the context of prior mutual dealings. An entry in the account book, signed by the debtor, along with a history of transactions, constitutes more than a mere acknowledgment for limitation purposes. It represents an "account stated" between the parties, which can be the basis of a claim.