Crawford v. Pancoast

• Decision Date: 17 October 1900
• Citation: 62 S.W. 559
• Parties: CRAWFORD v. PANCOAST et al.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

62 S.W. 559

CRAWFORD v. PANCOAST et al.¹

Court of Civil Appeals of Texas.

October 17, 1900.

Error from district court, Frio county: M. F. Lowe, Judge.

Suit by A. Pancoast's Sons against W. L. Crawford. From a judgment in favor of plaintiffs, defendant brings error. Reversed.

This suit was brought in the justice's court by defendants in error against plaintiff in error on an itemized account for $50, upon which a cash credit of $25 is shown. Crawford, the defendant below, pleaded that when he made the payment of $25 credited on the account he directed that it be applied to the payment of certain items thereon, and that, making such application, all the balance claimed, except $3.75, which he tendered the plaintiff in court, was barred by the statute of limitations. In the justice's court judgment was rendered in favor of defendant, from which judgment Pancoast's Sons appealed to the district court, where a judgment was rendered in their favor for the amount claimed.

I. N. Spann, for plaintiff in error.

NEILL, J. (after stating the facts).

When the defendant paid the $25, he directed its application to the payment of certain articles specified in the account. This he had a right to do. Eylar v. Reed, 60 Tex. 387. After applying the payment as directed by the defendant, it appears from the undisputed evidence that the balance of the account, save $3.75, was barred by the statute of limitations when the suit was brought, for the statute ran against each item from the date of the delivery of the several articles specified in the account. Rev. St. art. 3355. Therefore the judgment of the district court is reversed, and judgment here rendered in favor of Pancoast's Sons for $3.75. All costs of suit that accrued after the tender in the justice's court, including the costs of this appeal, will be adjudged against defendants in error.

1. Rehearing denied November 14, 1900.