Pyle v. Byrne

CHADICK, Chief Justice.

This is a suit upon an open account. The judgment of the trial court awarding $1,-497.28 is affirmed upon the condition that appellee remit $352.31 of the money award.

The trial court submitted the case to the jury upon the theory that liability for indebtedness accruing more than two years prior to suit was barred by Article 5526, Vernon’s Ann.Civ.St., the 2-year statute of limitation. Apparently the appellee, G. E. Byrne, d/b/a Roseborough & Byrne, as plaintiff in the trial court, contended that the 4-year statute of limitation, Article 5527, V.A.C.S., should govern,…