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YARBER v. PENNELL

No. 17234.

443 S.W.2d 382 (1969)

Robert A. YARBER, Appellant, v. Truman K. PENNELL, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 18, 1969.

Attorney(s) appearing for the Case

William S. Campbell, Dallas, for appellant.

Franklin H. Perry, of Thompson, Coe, Cousins, Irons & Porter, Dallas, for appellee.

CLAUDE WILLIAMS, Justice.

The principal question involved in this appeal is whether the dectrine of judicial estoppel effectively barred appellant's plea of limitations against appellee's suit on a promissory note.

On January 15, 1960 Robert A. Yarber executed his note in the principal sum of $10,000 payable to the order of Truman K. Pennell. Yarber received the $10,000 in money. The note was due June 15, 1960....

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