Texas Supreme Court
Phoenix Lumber Company v. Houston Water Company
April 1, 190194 Tex. 456
Summary
The Texas Supreme Court affirmed the lower courts, holding that the sixth amended petition presented a new cause of action distinct from the original petition and therefore was barred by the statute of limitations. The Court explained that causes of action must be essentially identical, applying a four‑test analysis, and rejected the notion that an implied contract could arise from an express contract for the same subject matter.