Hill v. Floating Decks of America, Inc.

OPINION

CADENA, Chief Justice.

This is a suit on a sworn account under Rule 185 of Texas Rules of Civil Procedure. Defendant, Horace W. Hill, appeals from a summary judgment in favor of plaintiff, Floating Decks of America, Inc., d/b/a Floating Decks of Texas.

The sole question before us is whether the pleading of defendant is sufficient to put plaintiff on proof of its claim.

Rule 185 provides that where plaintiff’s properly verified pleadings seek recovery on an account, the allegations in plaintiff’s petition shall be taken as true unless defendant files a “written denial, under oath, stating…