Morgan v. O'Beirne

DIXON, Chief Justice.

Appellee C. B. O’Beirne, doing business as C. B. O’Beirne & Company, an insurance agent, sued appellant C. O. Morgan on sworn account.

Appellant answered with a sworn denial. This cast the burden on appellee to establish every item of the account by competent evidence. Boucher v. City Paint & Supply, Inc., 398 S.W.2d 352 (Tex.Civ.App., Tyler 1966, no writ) ; Burtis v. Butler Bros., 243 S.W.2d 235 (Tex.Civ.App., Dallas 1951, no writ).

In a trial before the court sitting without a jury judgment was rendered for appel-lee for $861.41 plus $250 attorney’s fee. Appellee…