IDEAL BUILDERS HARDWARE CO. v. CROSS CONST. CO., INC.

No. 16001.

491 S.W.2d 228 (1972)

IDEAL BUILDERS HARDWARE COMPANY, Appellant, v. CROSS CONSTRUCTION CO., INC., Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 15, 1973.


Attorney(s) appearing for the Case

Ross, Banks, May, Cron & Cavin, Daniel H. Johnston, Jr., Paul Rick Oshman, Houston, for appellant.

Reynolds, White, Allen & Cook, Mark W. White, Jr., Houston, for appellee.


PEDEN, Justice.

Does the Texas Business and Commerce Code lengthen to four years the statute of limitations for commencing a suit on an open account? We hold that it does.

Article 5526, Vernon's Texas Civil Statutes, provides "There shall be commenced and prosecuted within two years after the cause of action shall have accrued, and not afterward, all actions or suits in court of the following description:

". . . .

"5. Actions upon stated or...

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