Chemical Bank v. Commercial Industries Service Co.

Chemical Bank sued Commercial Industries for breach of an equipment lease agreement, alleging that it had failed to tender monthly payments. Chemical Bank attempted to°introduce its business records with an affidavit by the custodian of the records to prove its cause of action, but the trial court sustained an objection that they were inadmissible because they had not been filed with the court fourteen days before the commencement of trial as required by TEX.REV.CIV.STAT.ANN. art. S737e § 5. The court of appeals affirmed the judgment. 662 S.W.2d 802.

We refuse the application for writ of…