H. L. "Brownie" Choate, Inc. v. Southland Drilling Co.

HAMILTON, Justice.

Plaintiff-petitioner, H. L. “Brownie” Choate, Inc., brought this suit on a sworn account for $2,648.27 plus attorneys’ fees. Defendant-respondent, Southland Drilling Co., Inc., pleaded accord and satisfaction as a defense. The trial court, without a jury, found that the sworn account had been discharged by accord and satisfaction; therefore, a take nothing judgment was ordered against plaintiff. The Court of Civil Appeals affirmed the judgment of the trial court. 441 S.W.2d 672. We reverse the judgment of the Court of Civil Appeals and remand the cause to the trial court for…