Ideal Builders Hardware Co. v. Cross Const. Co., Inc.

PEDEN, Justice.

Does the Texas Business and Commerce Code lengthen to four years the statute of limitations for commencing a suit on an open account? We hold that it does.

Article 5526, Vernon’s Texas Civil Statutes, provides “There shall be commenced and prosecuted within two years after the cause of action shall have accrued, and not afterward, all actions or suits in court of the following description:

“5. Actions upon stated or open accounts, . . . ”

Section 2.725, Texas Business and Commerce Code, V.T.C.A., provides in part:

“(a) An action for breach of any contract for sale must be commenced…