Elsesser v. Cotham

NORVELL, Justice.

This is an automobile collision case in which the trial judge found for the plaintiff, K. V. Elsesser, upon negligence and proximate cause issues, but held that the action was barred by the two-year statute of limitations. Article 5526, Vernon’s Ann. Civ.Stats.

The collision occurred on August 3, 1947, and suit was not filed until November 25, 1949. Elsesser as appellant contends that Cotham is estopped to assert the bar of the statute by reason of a telephone conversation between appellant’s attorney and Cotham, which took place on August 5, 1949. There is no statement of…