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STEFEK v. HELVEY

No. 1470.

601 S.W.2d 168 (1980)

Emil STEFEK, d/b/a Emil Stefek, General Contractor, Appellant, v. Frank L. HELVEY, Jr., et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied June 26, 1980.

Attorney(s) appearing for the Case

Paul Dodson, Charles W. Cromwell, Corpus Christi, for appellant.

James F. Buchanan, Kleberg, Dyer, Redford & Weil, Corpus Christi, for appellees.

OPINION

YOUNG, Justice.

The question presented by this appeal is whether a notation on a check is an acknowledgement of a stale debt so as to toll the statute of limitations for collection purposes. Emil Stefek, Individually and d/b/a Emil Stefek, General Contractor, brought suit alleging that Frank L. Helvey, Jr., Frank L. Helvey, III, and Bonnie Jean Helvey promised to pay a debt on a construction contract after the statute of limitations had barred such...

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