ROGERS v. POTTER

No. 14971.

281 S.W.2d 377 (1955)

M. R. ROGERS, d/b/a Rogers Supply Co., Appellant, v. Tom POTTER, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 22, 1955.


Attorney(s) appearing for the Case

Florence & Florence and F. L. Garrison, all of Gilmer, for appellant.

Ross K. Prescott, Dallas, for appellee.


DIXON, Chief Justice.

This is a suit on a promissory note dated October 6, 1949, due 90 days after date. Appellant, who was defendant in the trial court, pled the four year statute of limitations, Vernon's Ann.Civ.St. art. 5527, as his defense.

Judgment was rendered for $12,974.81 in favor of appellee on September 20, 1954. Motion for new trial was not filed until October 11, 1954, twenty-one days after the date...

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