Osborne-Kemper-Thomas, Inc. v. Mickan's Men & Boys Shop

OPINION

HALL, Justice.

Appellant instituted this action on sworn account to recover the price of merchandise sold by it on open account to appellee, Mickan’s Men & Boys Shop. Appellee’s pleadings recite that “Mickan’s Men & Boys Shop” is a name under which Marvin Mickan does business.

Appellant’s original petition was filed on March 24, 1971; and its first amended original petition was filed on June 9, 1971. Both pleadings show, and appellant acknowledges in its brief, that the account was due and payable on January 1, 1969.

Appellee answered by general denial. Additionally, appellee specially…