Yarber v. Pennell

CLAUDE WILLIAMS, Justice.

The principal question involved in this appeal is whether the doctrine of judicial estoppel effectively barred appellant’s plea of limitations against appellee’s suit on a promissory note.

On January IS, 1960 Robert A. Yarber executed his note in the principal sum of $10,000 payable to the order of Truman K. Pennell. Yarber received the $10,-000 in money. The note was due June 15, 1960. On or about that date Yarber paid $300 accrued interest but has not paid any other portion of the principal or interest. On November 18, 1960 Pennell, as plaintiff in Cause No. 56-195-H…