Unit, Inc. v. Ten Eyck-Shaw, Inc.

CLAUDE WILLIAMS, Chief Justice.

Ten Eyck-Shaw, Inc. brought this action to recover $128,272.34 which it alleged was due from Unit, Inc. for labor, material, wares and merchandise provided by plaintiff, as general contractor, in the construction of an office building for Unit, Inc. Plaintiff’s action was on a sworn account as authorized by Texas Rules of Civil Procedure, rule 185. Attached to plaintiff’s petition were various exhibits which were alleged to set forth the goods, wares, merchandise, materials and labor which had been furnished defendant and on which a systematic record had been…