Lefebure Corporation v. Wallace

McCLENDON, Chief Justice.

The controlling question in this case is whether three letters written by appellee to appellant were sufficient to remove the bar of limitation asserted in defense of an action upon a promissory note.

As early as 1852 the Supreme Court, speaking through Justice Wheeler in Mitchell v. Clay, 8 Tex.-443, 445, announced the rule here applicable, in the following words: “It is perfectly well settled that the acknowledgment of a debt, if accompanied with a. promise to pay conditionally, is of no avail, unless the condition to which the promise is subjected by the defendant…