Grace v. Parker

HUGHES, Justice.

Bobbie Parker, appellee, sued Virgil Grace for damages for breach of an oral contract to build a house according to certain plans and specifications. Trial to a jury resulted in verdict and judgment for appellee.

Appellant pleaded the two years statute of limitations (art. 5526, Vernon’s Ann.Civ. St.), and his sole point of .-error is that the Trial Court erred in disregarding this plea because appellee had waived any right which he may have had to avoid such plea by failing to request a jury finding upon any ground for extending the plea of limitation.

We quote from appellee’s…