Waters v. East

STEPHENS Associate Justice.

This suit was brought by Ben Waters against E. H. East and the administrator of the estate of E. W. Harrold to reform and recover upon a bond of indemnity executed by East, as principal, and E. W. Harrold, as surety. From a judgment denying recovery against the administrator of the Harrold estate, this appeal is prosecuted. The administrator pleaded in bar of the action both the statute of frauds and the statute of limitations.

The parties to the instrument (or rather E. H. East, as found by the trial court, but with the consent of appellant) selected an…