JOHN C. WINSTON CO. v. BARRETT

No. 3682.

329 S.W.2d 114 (1959)

JOHN C. WINSTON CO., Appellant, v. F. S. BARRETT, dba Barrett Distributors, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

November 12, 1959.


Attorney(s) appearing for the Case

Ross Carlton, Dallas, for appellant.

Fowler Roberts, Dallas, for appellees.


TIREY, Justice.

This is an appeal from a summary judgment. Appellant brought suit originally against F. S. Barrett, doing business as Barrett Distributors, on a sworn account. Barrett seasonably filed his sworn answer in which he set up both the four year and two year statute of limitations; thereafter, on August 23, 1958, plaintiff filed its first amended original petition in which it again set up a claim against Barrett on a note and open account; the plaintiff...

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