Rey v. Yerby

OPINION

PRESLAR, Justice.

This is an appeal from an instructed verdict granted in favor of Appellee, as Plaintiff, in a suit based upon a sworn account. Joseph J. Rey, Sr. is the sole Appellant. We affirm.

The record, which contains no statement of facts, reflects Plaintiff’s First Amended Original Petition, which states in part:

“Comes now JOHN W. YERBY, d/b/a JOHN W. YERBY, DISTRIBUTOR, Plaintiff, complaining of BEALLREY COMPANY, JOE REY, SR., CHARLES BEALL, JOE REY, JR., and EDNA REY, hereinafter called Defendants, and leaving having first been obtained from this court to join JOE REY, SR.,…