Greer Limestone Co. v. Nestor
In Greer Limestone Co. v. Nestor (175 W. Va. 289 ), the Supreme Court of Appeals of West Virginia recognized that the account at issue in that case was an open account and not an account stated because the parties had not agreed on the actual balance of the account. However, the court concluded that the four-year UCC statute of limitations applied and that the distinction between the different type of accounts had little significance since the statute of limitations had run unless a partial payment had tolled the statute.
The court stated that "it is generally held that the statute of limitations contained in the UCC, which is in W. Va. Code, 46-2-725, supercedes any general statute of limitations with regard to transactions involving the sale of goods . . . The reason given for applying the UCC statute of limitations is contained in the official commentary to the UCC which we adopted as a part of our Code." (Greer Limestone Co. v. Nestor, 175 W. Va. at 293-294, 332 S.E.2d at 594, supra .)