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KEOTA MILLS & ELEVATOR v. GAMBLE

No. 103,149.

243 P.3d 1156 (2010)

2010 OK 12

KEOTA MILLS & ELEVATOR, Appellant/Plaintiff, v. Othel GAMBLE, Jr., Appellee/Defendant.

Supreme Court of Oklahoma.

Rehearing Denied December 6, 2010.

Attorney(s) appearing for the Case

Marc L. Bovos , Poteau, OK, for Plaintiff/Appellant.

Douglas W. Sanders , Poteau, OK, for Defendant/Appellee.

KAUGER, J.:

¶ 1 This cause concerns an attempt to recover on a defaulted promissory note. The dispositive question presented is whether partial payment on the note extended the time within which to bring an action. The parties stipulated that the issue was whether the suit was time-barred by the five year limitation period of 12 O.S.1981 § 95,1 which was in effect in 1989 when the note was executed, or the six year limitation...

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