PYLE v. BYRNE

No. 7175.

331 S.W.2d 507 (1959)

Clessie PYLE, Appellant, v. G. E. BYRNE, d/b/a Roseborough & Byrne, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied February 2, 1960.


Attorney(s) appearing for the Case

Smith & Hall, Marshall, for appellant.

Charles A. Allen, Marshall, for appellee.


CHADICK, Chief Justice.

This is a suit upon an open account. The judgment of the trial court awarding $1,497.28 is affirmed upon the condition that appellee remit $352.31 of the money award.

The trial court submitted the case to the jury upon the theory that liability for indebtedness accruing more than two years prior to suit was barred by Article 5526, Vernon's Ann.Civ.St., the 2-year statute of limitation. Apparently the appellee, G. E. Byrne, d/b/a Roseborough...

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