Belvin v. HOUSTON FERTILIZER & GRAIN COMPANY, INC.

Pope, Judge.

Houston Fertilizer and Grain Co., Inc. (Houston Fertilizer) brought suit against Oscar Belvin (Belvin) and his wife, Mary J. Belvin, on a promissory note and upon the theory of open account for monies due for the sale of fertilizer. The jury returned a verdict for Houston Fertilizer on the theory of open account against Oscar Belvin only. Belvin appeals the verdict, and Houston Fertilizer cross-appeals.

1. The trial court did not err in failing to direct a verdict for Belvin on the issue of interest due on the open account. Belvin contends that since Houston Fertilizer first sought…