George Linskie Co. v. Miller-Picking Corp.

DANIEL, Justice.

This is a suit on a sworn account in which the trial court rendered a partial summary judgment for defendant based on accord and satisfaction as to the major portion of the account, and a judgment for plaintiff, based on a jury verdict, for the' remainder of the account. The Court of Civil Appeals affirmed except as to the trial court’s holding that no attorney’s fees were recoverable. The latter issue was severed and that portion of the cause was reversed and remanded. 456 S.W.2d 519.

We sever, reverse and remand as to that portion of the cause covered by the partial summary…