Enriquez v. K & D Development & Construction, Inc.

OPINION

OSBORN, Justice.

This case presents, for review the question of whether a defendant, prior to the August 1977 amendment to Article 2226, Tex.Rev. Civ.Stat.Ann., could defeat a recovery of attorney’s fees in a suit on a sworn account by tendering the amount due on the account into the registry of the Court. We hold it could not in this case.

The Appellants filed suit in April, 1977, on a sworn account for carpet sold to Ap-pellee in December, 1976. After answer was filed, Appellants filed a motion for summary judgment. The Appellee then filed an amended answer admitting the claim and…