Dillard v. Dugger Grocery Co.

Appellee sued appellant on a verified account, which was denied under oath, and limitation was also pleaded as a defense. The case was submitted to a jury upon two special issues. The findings were that the appellant was indebted to appellee in the amount of $500.41⅞ upon mutual and current accounts, concerning the trade of merchandise between merchant and merchant.

The trial court sustained special exceptions to the effect that the account appeared on its face to be barred by the two-year statute of limitation. However, the issues above mentioned were submitted, evidently upon the theory that…