GINSBERG v. LEAL

No. 4958.

462 S.W.2d 110 (1970)

R. M. GINSBERG et al., Appellant, v. A. L. LEAL et al., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 21, 1971.


Attorney(s) appearing for the Case

Clark, West, Keller, Sanders & Ginsberg, Cecil D. Elfenbein, Dallas, for appellant.

Storey, Armstrong & Steger, Robert M. Martin, Jr., Dallas, for appellee.


OPINION

WILSON, Justice.

Summary judgment holding indebtedness is barred by limitation is the subject matter of this appeal. In our opinion at least a fact issue exists as to whether a written acknowledgment sufficient to remove the indebtedness from the bar under Art. 5539, Vernon's Ann.Tex.Civ.St., was made by the debtor, and we reverse.

We condense the material facts as follows:

Appellee Leal executed a demand note payable to appellant...

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