Texas Supreme Court
J. E. Faires v. M. Cockerell
May 20, 189588 Tex. 428
Summary
The Texas Supreme Court reversed the lower courts, holding that the plaintiffs' cause of action for contribution was based on an implied promise among co‑obligors, not on the written contract with the railroad, and that the two‑year statute of limitations for debts not evidenced by a writing barred the claim. The court overruled Sublett v. McKinney and remanded for trial consistent with this ruling.