Beddall v. Reader's Wholesale Distributors, Inc.

On Motion for Rehearing

We have reconsidered appellant’s Point 4 contained in his amended brief filed with leave of Court after submission and shortly before our opinion was handed down, in which he asserts that the open sworn account upon which judgment was rendered was hearsay as to him and therefore will not support the court’s judgment. We sustain this assignment. Products Unlimited, Inc., v. American R. & S. San. Corp., Tex.Civ.App., 397 S.W.2d 551, writ ref., n.r.e.; Duree v. Aetna Ins. Co. et al., Tex.Civ.App. 1933, 66. S.W.2d 764; National Surety Corporation v. Dabney, Tex. Civ.App.…