Koch Oil Co. v. Wilber

I respectfully disagree with the majority’s holding that the four year statute of limitations applies.

Both Koch and Tesoro affirmatively contend that the subject matter in controversy is and should, be governed by Tex.Civ.PRAC. & Rem.Code Ann. §§ 16.003 and 16.004 (Vernon 1986) and Tex.Bus. & Com.Code Ann. § 2.725 (Vernon 1994). Both Koch and Tesoro strongly contend for an application of the 2-year statute of limitations provided under § 16.003(a) which provides:

A person must bring suit, for trespass for injury to the estate or to the property of another, conversion of personal property,…