Land Liquidators of Texas, Inc. v. Houston Post Co.

PAUL PRESSLER, Justice.

The Houston Post (hereafter appellees) brought suit upon a sworn account under Rule 185, Tex.R.Civ.P. to recover money due upon an itemized account for classified advertising. Appellants answered with a general denial. Appellee was granted a summary judgment based upon appellant’s failure to file a sworn denial. Appellants assert that the summary judgment was improper in that appellee’s suit is not properly brought as a suit on sworn account.

Appellee sought in its pleadings to recover for the “sale of goods, wares and merchandise” under Rule 185 and attached invoices…