Zale Corporation v. Rosenbaum

ON APPLICATION FOR WRIT OF ERROR

Petitioner, Zale Corporation, brought suit against Louis Rosenbaum et al. alleging negligent construction of a building which resulted in flood damage. The trial court granted summary judgment for defendants on its finding that the two-year statute of limitations had expired on Zale’s cause of action. The court of civil appeals affirmed. 517 S.W.2d 440. We reverse the judgments of the courts below and remand the cause to the trial court.

The summary judgment record reveals that the cause of action arose on July 2, 1971, and suit was filed on June 28, 1973. Zale,…