Federal Parts Corp. v. Robert Bosch Corp.

OPINION

SPURLOCK, Justice.

This is a suit on a sworn account filed in accordance with Tex.R.Civ.P. 185. The defendant did not file a sworn answer but did file an affirmative defense alleging that the transaction giving rise to the sworn account was in violation of the Texas antitrust statutes, Tex.Bus. & Comm.Code Ann. sec. 15.01 et seq. (1968) and Tex.Const, art. 1, sec. 26, and therefore the account was unenforceable and void. The defendant did not plead with particularity but used general terms only as permitted by Tex.R.Civ.P. 45. It also filed an “Open and Close Admission” under…