ESTATE OF KAISER v. GIFFORD

No. 01-84-0438-CV.

692 S.W.2d 525 (1985)

The ESTATE OF Herbert KAISER, Appellant, v. Myrvin H. GIFFORD, Appellee.

Court of Appeals of Texas, Houston 1st Dist.

Rehearing Denied June 27, 1985.


Attorney(s) appearing for the Case

Floyd H. Christian, Jr., Angleton, for appellant.

Leland B. Kee, Kee & Patterson, Angleton, for appellee.

Before WARREN, DUGGAN and HOYT, JJ.


OPINION

WARREN, Justice.

This is an appeal from a take nothing judgment on appellant's suit for debt.

The court found that Herbert Kaiser, deceased, and appellee had entered into an oral installment loan agreement, but also found that the appellant estate's action to enforce payment of the loan was barred by the Statute of Frauds, prohibiting oral contracts not to be performed within one year.

We hold that the oral installment agreement,...

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