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TRAUTMANN BROS. INV. CORP. v. DEL MAR CONSERV. DIST.

No. 4811.

440 S.W.2d 314 (1969)

TRAUTMANN BROTHERS INVESTMENT CORP., Appellant, v. DEL MAR CONSERVATION DISTRICT, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 24, 1969.

Attorney(s) appearing for the Case

Mann, Cronfel & Mann, Nat B. King, Laredo, for appellant.

J. G. Hornberger, Laredo, for appellee.

OPINION

WILSON, Justice.

This case presents the sole question of whether defendant's notation on its check to plaintiff: "Partial payment of note dated April 30, 1962", had the effect, under Article 5539, Vernon's Ann.Civ.St., to take plaintiff's action out of the operation of the four-year statute of limitation. The trial court held it did not, and rendered summary judgment that plaintiff take nothing. We reverse...

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