Acme Brick Company, a Division of Justin Industries, Inc. v. Temple Associates, Inc.

Acme Brick v. Temple Assoc

NO. 10-90-193-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

ACME BRICK COMPANY, A DIVISION OF

JUSTIN INDUSTRIES, INC.,

Appellant

v.

TEMPLE ASSOCIATES, INC., ET AL,

Appellees

From County Court at Law Number 1

Brazos County, Texas

Trial Court # 33,721-CCL1

DISSENTING OPINION

The McGregor Act requires the notice of claim to be "accompanied by a sworn statement of account stating in substance that the amount claimed is just and correct and that all just and lawful offsets, payments, and credits known to the affiant have been allowed." Act of March 20, 1913, 33rd…