LOOMIS CONSTRUCTION COMPANY v. MATIJEVICH

No. 74.

425 S.W.2d 39 (1968)

LOOMIS CONSTRUCTION COMPANY, Inc., Appellant, v. Anthony MATIJEVICH, d/b/a Matijevich Floor Covering, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

February 7, 1968.


Attorney(s) appearing for the Case

John Eckel, Mills, Shirley, McMicken & Eckel, Galveston, for appellant.

Henry G. Dalehite, Jr., Markwell, Stubbs, Decker, Dalehite & Youngblood, Galveston, for appellee.


TUNKS, Justice.

This is a suit on a sworn account. The defendant in the trial court, appellant here, pleaded the two-year statute of limitations as a defense. The plaintiff, appellee here, by supplemental petition, alleged that because of facts hereinafter set out, the defendant was estopped to assert the defense of limitations. The trial was to the court without a jury. The defendant admitted that the materials and services which were the subject matter of the account...

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