DAVIS v. OUTDOOR EQUIPMENT CO.

No. 16852.

551 S.W.2d 72 (1977)

Judy DAVIS, Appellant, v. OUTDOOR EQUIPMENT COMPANY, a partnership, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

March 24, 1977.


Attorney(s) appearing for the Case

Gripp, Walden & McClure, John A. Barker, Houston, for appellant.

Edward L. Lasof, Houston, for appellee.


PEDEN, Justice.

Judy Davis, plaintiff in a personal injury suit, appeals from the granting of a directed verdict to defendant Outdoor Equipment Company, a partnership, based on its limitations plea. The plaintiff sued Outdoor Equipment Company, a corporation, and took a default judgment against it. The partnership was never named or served, and first became a party when it voluntarily entered an appearance 56 days after the two-year statute of limitations had run...

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