Gannaway v. Lundstrom

NORVELL, Justice.

T. M. Gannaway has appealed from a judgment in the sum of $832.24, for the repair of a boiler, which was rendered in favor of R. Lundstrom doing business as Service Boiler Works. He contends that the judgment can not stand because of Article 3995, § 2, Vernon’s Ann.Civ.Stats., which he specially pleaded as a defense below. This article and section provide that:

“No action shall be brought in any court in any of the following cases, unless the promise or agreement upon which such action shall be brought, or some memorandum thereof, shall be in writing and signed by the party to…