Leavitt v. Gooch
Texas Supreme Court
Error from Hopkins. The plaintiff filed his petition in the District Court, on the 24th of August, 1850, alleging that in February, 1847, he entered into a partnership agreement with the defendant, for the vending of goods: that by the terms of the agreement, the plaintiff was to furnish the goods, and the defendant was to sell them, and to divide with the plaintiff the profits; that the plaintiff did, at the time, furnish the goods, of the value of 280 13-100 dollars, and…
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Error from Hopkins. The plaintiff filed his petition in the District Court, on the 24th of August, 1850, alleging that in February, 1847, he entered into a partnership agreement with the defendant, for the vending of goods: that by the terms of the agreement, the plaintiff was to furnish the goods, and the defendant was to sell them, and to divide with the plaintiff the profits; that the plaintiff did, at the time, furnish the goods, of the value of 280 13-100 dollars, and he makes the account an exhibit; that the partnership was . carried on until the month of July, 1847, when it was…
1Opinion of the CourtWheeler, J.
The principal question presented by the record, is, whether the cause of action was barred by the statute ' of limitations. The present manifestly does not come within the statutory description of “ actions of debt grounded upon any contract in writing,” to which the bar of four years applies. It is an action upon an open account, to recover for the value of the goods furnished, and the profits accruing upon the sale of them: and if within the operation of the State, was subject to the bar upon open accounts, of two years next after the cause of action accrued. (Hart. Dig. Art. 2377.) More…
2Cited by8 opinions
- Gordon v. Rhodes & DanielTexas Supreme Court · 1909
- Richardson v. VaughanTexas Supreme Court · 1893
- Dwight, Skinner & Co. v. Matthews, Miller & Co.Texas Supreme Court · 1901
- John Dickinson & Co. v. LottTexas Supreme Court · 1867
- Dillard v. Dugger Grocery Co.Court of Appeals of Texas · 1921
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