Bacher v. Maddux

AKIN, Justice.

This is an appeal by A. O. Bacher, the plaintiff, from a summary judgment denying him recovery on a note executed by G. C. Maddux, the defendant. The sole basis of the trial court’s judgment was that Bacher’s cause of action on the note was barred by the four-year statute of limitations, Tex.Rev.Civ.Stat.Ann. art. 5527 (Vernon 1958), which provides that suit must be brought on a written debt within four years after the cause of action accrues. We hold, however, that plaintiff’s cause of action is not so barred and, accordingly, reverse and remand.

The controversy emanates from a…