Crescent Lumber & Shingle Co. v. Rotherum

Appellant, a Washington corporation, sued defendants, resident citizens of Texas, upon a sworn account1 for materials (lumber) furnished in the amount of $2,-767.45, and $500 alleged to be reasonable attorney’s fees. The trial court dis*639missed the complaint for want of jurisdiction, on the theory that the attorney’s fees were not recoverable, and therefore the amount in controversy did not exceed $3,000, exclusive of interest and costs. This was error.

Article 2226, Vernon’s Civil Statutes, as amended Acts 1953, 53rd Leg., p. 101, ch. 67, § 1, clearly provides for recovery of reasonable…