Lively v. Tabor

This is a suit for $24,588 with interest at six per cent per annum from April 3, 1917, claimed to be due under a written contract. This action was begun on March 27, 1925. The trial court found that suit was barred by the five-year Statute of Limitations (Sec. 862, R.S. 1929), and entered judgment for defendants. Plaintiffs have appealed from the judgment.

The contract sued on was made November 20, 1915, and was entitled "Option Contract." The parties of the first part therein, H.M. Zimmerman and C.E. Elliott (both now deceased but hereinafter referred to as plaintiffs, although present…