Fields v. Payne

ARCHER, Chief Justice.

This is an appeal from an order overruling a plea of privilege and a default judgment against appellant for the sum sued for by plaintiff, appellee.

The facts are not in dispute. O. L. Payne, doing business as Payne Brick Company, a resident of Bastrop County, Texas, sued the appellant, Allen Fields, doing business as Houston Lumber and Salvage Company, alleging that:

“That on September 19, 1957, as shown by the itemized verified statement of account hereto attached and marked Exhibit A, and made a part hereof by reference, Plaintiff, at the special instance and request of…