Siegel v. McGavock Drilling Co.

REYNOLDS, Justice.

The result of this appeal is determined by the answer to this question: is a take-nothing summary judgment authorized where the exhibits attached to plaintiffs’ sworn account established defendant-movant’s affirmative defense of limitation, to avoid which plaintiffs plead payment by defendant’s written instrument, not as the cause of action on a new promise, but as a sufficient acknowledgment of the account sued on to renew the running of limitation? Texas law dictates an affirmative answer. Affirmed.

Plaintiffs Ruth Siegel and the Estate of Joe W. Siegel, Deceased, filed…