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PURETEX LEMON JUICE v. S. RIEKES & SONS OF DALLAS, INC.

No. 13817.

351 S.W.2d 119 (1961)

PURETEX LEMON JUICE, INC., Appellant, v. S. RIEKES & SONS OF DALLAS, INC., Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 15, 1961.

Attorney(s) appearing for the Case

Matthews, Nowlin, Macfarlane & Barrett, F. W. Baker, Richard E. Goldsmith, San Antonio, Strickland, Wilkins, Hall & Mills, Mission, for appellant.

Carl Wright Johnson, Alfred Offer, William R. Simcock, San Antonio, for appellee.

POPE, Justice.

Plaintiff, Puretex Lemon Juice, Inc., sued S. Riekes & Sons of Dallas, Inc., for breach of an oral implied warranty of suitability with respect to some metal bottle caps. The trial court rendered a take-nothing judgment for the defendant on the grounds that plaintiff's pleadings affirmatively showed that the action was barred by the two-year limitation statute. We have only the pleadings and judgment before us. The procedure which led to the judgment...

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