1931 Present : Maartensz A. J.

RODRIGO v. JINASENA & CO.

227-C. R. Colombo, 50,838.

Prescription-Agreement to supply materials signed by plaintiff-Statement of claim- Defendants letter making part payment- Repudiation of liability to pay balance- Written agreement-Ordinance No. 22 of 1871, ss. 7, 9, and 13.

The plaintiff by a written agreement signed by him undertook to supply the defendant with materials for a steel structure.

In reply to plaintiff's statement of claim the defendant made part payment and by letter repudiated his liability to pay the balance owing to a defect in the materials supplied.

Held, that the letter of the defendant did not amount to a written acknowledgment within the meaning of section 13 of the Prescription Ordinance, but that it may be relied upon to constitute a written agreement falling under section 7, in which case the prescriptive period provided by the section will apply.

THIS was an action for the recovery of a sum of Rs. 160.80 the balance value of materials supplied to the defendant for a steel structure in August, 1927. The action was filed in February, 1929. The defence set up the plea of