MAREK v. GOLDSUM

No. 12310.

243 S.W.2d 461 (1951)

MAREK v. GOLDSUM.

Court of Civil Appeals of Texas, Galveston.

July 12, 1951.


Attorney(s) appearing for the Case

Fred P. Holub, Wharton, for appellant.

Duckett & Duckett and L. L. Duckett, El Campo, for appellee.


CODY, Justice.

This was a suit upon open account, and the principal question on appeal is whether appellee's (plaintiff's) original petition contained allegations sufficient to toll the two-year statute of limitations.

For present purposes it is enough to say that the open account sued on belonged to Modern Appliance & Butane Co., Inc., and that plaintiff's original petition was filed April 27, 1950, and contained these allegations: "Now comes Ervin P...

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