Fortinberry v. Freeway Lumber Co.

PEDEN, Justice.

Suit on a sworn account. Appellee, Freeway Lumber Co., brought suit against J. H. Timmons and appellant Bill Fortin-berry for $4,006.80 plus interest, attorney’s fees and costs for building materials furnished as described in an itemized, verified account made a part of Freeway Lumber’s original petition.

In response, Fortinberry filed his first amended original answer, consisting of a general denial plus an affidavit which included this assertion: “ * * * that the account set forth in Plaintiff’s Original Petition filed in this cause is within the knowledge of said Affiant not…