Burkholder v. Henderson

WALTHALL, Justice.

The one controlling question presented in this case is whether plaintiff’s cause of action is subject to the bar of the statute of limitation of two years as pleaded by defendant.

This suit was originally filed by R. F. Henderson in August, 1927, against J. E. Burkholder to recover the sum of $1,372 alleged to be due him as commissions upon a sale contract predicated upon the pleadings and facts stated. We need not state that pleading more specifically. On May 15, 1929, Henderson filed a second amended original petition alleging, in substance, that on or about the 29th day of…