Texas State Investors, Inc. v. Kent Electric Co.

J. CURTISS BROWN, Chief Justice.

A general contractor appeals the granting of summary judgment in favor of a sub-contractor who sued to recover the balance due on a written contract.

Kent Electric Company, Inc. (Kent), ap-pellee brought suit against Texas State Investors, Inc. (TSI), appellant, to recover a $5,592.81 balance allegedly due under a written subcontract agreement to perform electrical work for TSI. The contract was attached to and incorporated in the petition. No affidavits were so attached. TSI filed a general denial. Kent moved for summary judgment in the following manner:

“This…