Smith v. Post-Tensioned Systems, Inc.

OPINION

SPURLOCK, Justice.

Post-Tensioned Systems, Inc. brought this suit on a sworn account founded on a breach of a contract for the sale and delivery of materials during the months of September, October and December, 1972. Suit was filed within two years after the cause of action accrued but there was a delay in obtaining service upon the defendant. Defendant was served on January 27, 1975, and filed its answer on February 14, 1975, and the cause came on for trial on May 15, 1975. The defendant contends that plaintiff failed to prosecute this suit with diligence and therefore the same is…