Sharp v. Frizzell

RICE, Chief Justice.

This suit was originally instituted by H. H. Sharp against T. D. Frizzell in Justice Court, Precinct No. 7, Dallas County, Texas, seeking recovery of a balance of $125.73 alleged to be due plaintiff by the defendant on a note then on its face barred by the four years’ statute of limitation, Vernon’s Ann. Civ.St. art. 5527. In his memorandum of suit in the Justice Court plaintiff expressly alleged, in order to avoid a plea of limitation, that under date of June 22, 1935, defendant, in a letter written to plaintiff, acknowledged his indebtedness on said note and promised to…