Legal Opinion
Kerr-McGee Chemical Corp. v. Harris
Court of Appeals for the Fifth Circuit
Decided January 29, 1971No. 29147PublishedCited by 3 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
In the period April 27 through July 27, 1966, plaintiff W. L. Harris purchased from Kerr-McGee Chemical Corporation seed, fertilizer, chemicals, and irrigation equipment in the total amount of $12,262.49.1 He paid $700 on account, in seven $100 payments during the year 1967, leaving unpaid the sum of $11,562.-49. Kerr-McGee filed suit on July 30, 1968 for this balance due on open account. Harris pleaded the Texas statute of limitations of two years from the date of delivery of each item,2 which period had expired for all items when suit was filed. Harris also…
2Cases cited9 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- McAllister v. United StatesSupreme Court of the United States · 1954
- W. F. Chaney v. City of Galveston, Earl J. Smith & Co., Inc. v. City of GalvestonCourt of Appeals for the Fifth Circuit · 1966
- W. Kelly Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- A. F. Pylant, Inc. v. Republic Creosoting Company, (Two Cases)Court of Appeals for the Fifth Circuit · 1961
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3Cited by3 opinions
- Ideal Builders Hardware Co. v. Cross Const. Co., Inc.Court of Appeals of Texas · 1972
- Kerr-Mcgee Chemical Corporation, Plaintiff-Cross v. W. L. Harris, Defendant-Cross Kerr-Mcgee Chemical Corporation, Third Party v. Dekalb Agresearch, Inc., Third PartyCourt of Appeals for the Third Circuit · 1971
- Paragon Resources, Inc. v. National Fuel Gas Distribution CorporationCourt of Appeals for the Fifth Circuit · 1986