Legal Opinion
Goodman v. Art Reproductions Corp.
Court of Appeals of Texas
Decided November 8, 1973No. 18141PublishedCited by 23 opinions
1Opinion of the Court
BATEMAN, Justice.
Our former opinion is withdrawn and the following substituted therefor.
Benny Goodman appeals from a summary judgment rendered against him on a sworn account. He challenges the correctness of the summary judgment on the ground that he had alleged under oath that the merchandise had not been delivered to him. Appellee contends that appellant’s answer is insufficient to overcome the pri-ma facie case made by the sworn account. We agree with this contention.
Texas Rules of Civil Procedure 185, as amended effective January 1, 1971, is in pertinent part as follows:
“When any action…
2Cases cited11 opinions
- Watson v. Texas Indemnity InsuranceTexas Supreme Court · 1948
- Smith v. DavisCourt of Appeals of Texas · 1970
- Duncan v. Butterowe, Inc.Court of Appeals of Texas · 1971
- Williamsburg Nursing Home, Inc. v. Paramedics, Inc.Court of Appeals of Texas · 1970
- Solar v. PeterssonCourt of Appeals of Texas · 1972
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Edinburg Meat Products Co. v. Vernon Co.Court of Appeals of Texas · 1976
- Hill v. Floating Decks of America, Inc.Court of Appeals of Texas · 1979
- Jeffrey v. Larry Plotnick Co., Inc.Court of Appeals of Texas · 1975
- McCoy v. Nelson Utilities Services, Inc., Texas Court of Appeals, 12th District (Tyler)1987
- Delta (Delaware) Petroleum & Energy Corp. v. Houston Fishing Tools Co., Texas Court of Appeals, 1st District (Houston)1983
18 more not listed; retrieve them via the Exa API.