140 S.W. 367 | Tex. App. | 1911
The allegations of the petition were clearly proved. Plaintiff's demand was not upon an acknowledgment of the debt, nor upon a contract of extension of the debt. There was no acknowledgment in writing alleged, and it is clear, under what was decided in Real Estate Abstract Co. v. Bahn,
In the case before us the cause of action accrued in 1895, and according to the allegations and proofs the defendant, in each *368
year since then until the action was brought, in person or through his authorized agent, besought plaintiff not to sue him, promising in no event to plead the statute against the claim, and by such conduct obtained the indulgence, of which he now complains by making this defense. The justness of the debt is placed beyond question by the evidence, and plaintiff's allegations were established beyond any question. Equity will not permit the statute to be invoked under such circumstances. Our views on the subject are in accord with those expressed in a case which goes into a full and clear discussion of the question. Holman v. Bridge Co.,
Judgment affirmed.