Overton v. City of Houston

COLEMAN, Chief Justice.

John W. Overton and William E. Averyt filed suit against the City of Houston and certain of its officers for a mandamus to compel payment of termination pay. The trial was to the court without a jury. The case was submitted to the court upon an agreed stipulation of facts and certain documentary evidence. Judgment was rendered for the defendant city solely by reason of the two year statute of limitation, Article 5526, Vernon’s Annotated Civil Statutes. The judgment will be affirmed.

The plaintiffs contend that the trial court erred in applying the two year statute of…