ACME BRICK, DIV. OF JUSTIN INDUSTRIES, INC. v. Temple Associates, Inc.

The McGregor Act requires the notice of claim to be “accompanied by a sworn statement of account stating in substance that the amount claimed is just and correct and that all just and lawful offsets, payments, and credits known to the affiant have been allowed.” Act of March 20, 1913, 33rd Leg., R.S., ch 99, 1913 Tex.Gen.Laws 185, 186, amended by Act of May 22, 1969, 61st Leg., R.S., ch 422, Tex.Gen.Laws 1390, 1392, amended by Act of May 28, 1989, 71st Leg., R.S., ch 1138, § 38, 1989 Tex. Gen.Laws 4704, 4707 (current version at Tex.Rev.Civ.Stat.Ann. art. 5160(B)(a) (Vernon Supp.1991))…