City of Houston v. Anchor Hocking Glass Corp.

COLEMAN, Justice.

This suit was instituted by appellee, hereinafter called Anchor-Hocking, to recover the sewer charges inadvertently made by and paid to appellant, hereinafter called City, for services which were not rendered. After trial to the court on stipulations of fact judgment was rendered for appellee for the amount paid within four years from the date of suit plus pre-judgment interest.

The principal issue is whether the two year statute of limitations, Article 5526, V.A.C.S., rather than the four year statute, Article 5527, V.A.C.S., is applicable under the facts of this case. This,…