McLAIN v. SITTON

No. 6656.

374 S.W.2d 945 (1964)

L. R. McLAIN, Appellant, v. W. B. SITTON, dba Sitton Bros. Feed Store, Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied February 12, 1964.


Attorney(s) appearing for the Case

H. L. Edwards, Nacogdoches, for appellant.

Thompson & Stripling, Nacogdoches, for appellees.


McNEILL, Justice.

Plaintiffs sued defendant upon open account for chicken feed sold him. Defendant denied the justness of the account under oath and pleaded the two year statute of limitations in defense. He also pleaded that the merchandise was bought to carry on a chicken raising business which constituted a joint enterprise between him and plaintiffs.

Judgment was for plaintiffs on jury findings: (1) that defendant...

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