Chapin & Chapin, Inc. v. Texas Sand & Gravel Co.

Texas Sand & Gravel Co., a subcontractor, sued its general contractor, Chapin & Chapin, Inc. on a sworn account, alleging that Chapin had failed to pay Texas Sand for sand and gravel delivered to a construction project. Chapin denied Texas Sand’s allegations, contending that it paid for all such materials it received. The trial court refused to allow Chapin to verify its denial less than seven days before trial, thereby restricting the evidence Chapin was permitted to offer at trial. A directed verdict for Texas Sand was affirmed on appeal. 844 S.W.2d 754. We hold that the trial court’s…