Kost Furniture Co. v. Radio Equipment Co.

Martin, Justice.

Appellee sued appellant upon an open account for merchandise, etc., sold and delivered, his cause of action being supported by proper affidavit under article 3736, R.S.1925, as amended by Acts 1931, c. 239, § 1 (Vernon’s Ann.Civ.St art. 3736).

To this appellant filed an answer containing in part a general denial and cross-action. To this answer there was appended the following affidavit: “I, Phillip Kost, President, of Kost Furniture Company, a corporation, duly incorporated, for and on behalf of said corporation, do solemnly swear that the above allegations set forth in the…