McNeil v. Pierce

I respectfully dissent. In Sigler v. Frost Brothers, Inc., 555 S.W.2d 813 (Tex.Civ. App. — El Paso 1977, no writ), this Court was faced with the question of whether or not a strict compliance with Rule 185, Tex. R.Civ.P., is required in order for a defendant to be able to present a defense to a suit on a sworn account. We said: “A denial of the verified account must be in the terminology of the rules and if not, the Defendant will not be permitted to deny the Plaintiffs claim or any item included therein.” I see no reason to depart from that decision.

In Airborne Freight Corporation v. CRB…