Hightower Oil & Refining Corp. v. Heyser

BAUGH, Justice.

Appellant sued appellee in the County Court of Brown County for a balance of $343.48 claimed to be due it by Heyser for merchandise sold by it to him. The trial court sustained a special exception to appellant’s petition on the ground that the debt sued for was barred by the two-year statute of limitations, and rendered judgment for appellee accordingly; hence this appeal.

The merchandise was sold and delivered to Heyser on numerous- dates between March 6, 1935, and July 11, 1935. This suit was filed on December 20, 1938. While appellant alleged in its petition that its debt was…