Lange v. Caruthers

Walker, Associate Justice.

November 1, 1886, Lange sued Caruthers upon an open account for merchandise, made *720in 1881, for nine hundred and forty-four dollars and forty-seven cents. November 22, 1886, the case was tried before the judge. The account was proved as alleged. In order to take the account out of the statute of limitations, the plaintiff read in evidence the following letter:

Thobndale, Texas, Nov. 14, 1882. Messrs. Foche, Wilhens & Lange, Galveston, Texas: Gentlemen—Tours of the 11th inst. to hand, and contents noted. In reply, I can only say that I am not at present able to pay…