Lone Star Cement Corporation v. Rush

BATEMAN, Justice.

The appellant Lone Star Cement Corporation brought this suit on what is termed a “verified account” against B. W. Rush and Lonnie R. Chant, individually and d/b/a Rush-Chant, Inc. On June 10, 1966 the trial court rendered a judgment in which the defendant is recited as “B. W. Rush, d/b/a Rush-Chant, Inc.,” reciting that said defendant was duly and legally cited but failed to appear and answer, and awarding appellant a default judgment for the amount of the account sued on, with interest, attorney’s fees and costs. However, on May 24, 1966 the appellee B. W. Rush had filed an…