Wilkinson v. Thulemeyer

Citations

• 44 Tex. 470

Syllabus

<p>1. Practice.—An action on an open account cannot be maintained where the evidence shows it was closed by note.</p> <p>2. Same—Pleading.—An amendment to a petition upon an account, setting up a written acknowledgment of the debt, must contain an allegation that the note or written obligation was signed and delivered by the defendant.</p> <p>3. Verdict.—A general verdict for plaintiff against two defendants does not authorize the entry of judgment against but one of the defendants.</p> <p>4. Pleading.—Unless properly pleaded, a written acknowledgment of an account cannot be admitted to take the account out of the statute of limitations.</p>