Magnolia Fruit & Produce Co. v. Unicopy Corp. of Texas

COLLEY, Justice.

Appellee (plaintiff below) brought suit on a sworn account against appellant (defendant below). The trial court rendered a summary judgment against appellant on appellee’s motion for judgment on the pleadings.

Appellant presents three points of error. Its first point claims trial court error in rendering the summary judgment and not considering the sworn pleadings of the defendant on file at the time of the hearing on the summary judgment motion. Our examination of the transcript shows the following facts.

On November 4, 1980, appellee filed suit on the sworn account and on…