SHERMAN v. DAVIS

No. 19950.

583 S.W.2d 922 (1979)

Garrett SHERMAN et al., Appellants, v. Van K. DAVIS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 11, 1979.


Attorney(s) appearing for the Case

Robert M. Thornton, Kilgore & Kilgore, Dallas, for appellants.

W. Mike Baggett, Winstead, McGuire, Sechrest & Trimble, Dallas, for appellee.

Before GUITTARD, C. J., and CARVER and STOREY, JJ.


GUITTARD, Chief Justice.

In this suit by two joint venturers against their coventurers, the trial court granted defendant's motion for summary judgment on the sole ground that the petition states a claim for fraud, which is barred by the two-year statute of limitation, Tex.Rev.Civ.Stat.Ann. Art. 5526 (Vernon 1958). Plaintiffs appeal on the ground that the claim alleged in the petition is not governed by the two-year statute because it is based on breaches of contractual...

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