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COASTAL STATES GAS PRODUCING CO. v. HAMILTON

No. 6596.

553 S.W.2d 659 (1977)

COASTAL STATES GAS PRODUCING COMPANY, Appellant, v. Edward HAMILTON, Independent Executor of the Estate of W. E. Hamilton, Deceased, Appellee.

Court of Civil Appeals of Texas, El Paso.

June 29, 1977.

Attorney(s) appearing for the Case

Francis E. Keating, Legal Dept., Coastal States Gas Producing Co., Houston, for appellant.

J. M. Preston, Pecos, for appellee.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

The question presented in this case is whether the two-year statute of limitations, Article 5526, or the four-year statute of limitations, Article 5527, Tex.Rev.Civ.Stat. Ann., applies to an action to recover money mistakenly paid where the mode of payment is by check.

Appellant mistakenly issued three checks to Appellee in the total sum of $2,377.45. Appellee cashed the checks and, upon his subsequent refusal...

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