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APPELL PETROLEUM CORP. v. MOREMAN TIRE CO.

No. 4167.

416 S.W.2d 470 (1967)

APPELL PETROLEUM CORPORATION, Appellant, v. MOREMAN TIRE COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 16, 1967.

Attorney(s) appearing for the Case

Perkins, Floyd, Davis & Oden, Lawrence H. Warburton, Jr., Alice, for appellant.

Fischer, Wood, Burney & Nesbitt, Jerry E. Fischer, Corpus Christi, for appellee.

GRISSOM, Chief Justice.

Moreman Tire Company, Inc., sued Appell Petroleum Corporation upon a debt for merchandise sold and delivered to it on open account and for attorneys' fees. The suit was originally based on a verified account. The defendant pleaded the two year statute of limitation. Thereupon, by amended petition, Moreman pleaded that Appell had in writing acknowledged the justness of said account and promised to pay it in a letter from appellant to appellee...

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