ASHMORE v. WOLF

LIMITATIONS OF ACTION, § 209 — payments by stranger to contract as insufficient to toll statute of limitations. In action on written agreement involving sale of certain oil royalties, where it appeared that suit was filed almost 12 years after breach of contract, and defendant contended plaintiffs' right was barred by statute of limitations and plaintiffs alleged that payments made to them by stranger to contract, of which defendant had no knowledge, removed bar of statute, held that such payments were not sufficient to toll statute of limitations.

Opinion by JUSTICE LEWE.

Not to be published in full. Opinion filed December 20, 1945; rehearing denied January 8, 1946; released for publication January 8, 1946.