Big D Service Co., Inc. v. Climatrol Industries, Inc.

This is a suit on a sworn account, founded on the breach of a contract for the sale of three air compressors. Climatrol sold Big D Service Company the first two compressors in January, 1968; the third was sold in February, 1968. Climatrol filed this suit on December 10, 1970, more than two years but less than four years after the sales transactions. The sole issue is whether the two-year limitation period imposed by Article 5526, Vernon’s Tex. Rev.Civ.Stat., Ann., or the four-year limitation period prescribed by § 2.725 of the Texas Business and Commerce Code, V.T. C.A., applies to an action…