Young Companies, Inc. v. Bayou Corp.

STEPHENSON, Justice.

Plaintiff, Bayou Corporation, brought this action, November 22, 1974, against defendant, The Young Companies, Inc., as a sworn account and for attorney’s fees under Tex.Rev.Civ.Stat.Ann. art. 2226. Defendant answered with a general denial. Plaintiff then on December 27, 1974, served that defendant with requests for admissions. May 21, 1975, plaintiff filed a motion for summary judgment and a motion to have the admissions to be deemed admitted because of that defendant’s failure to answer and for judgment.

Then July 25,1975, plaintiff filed its first amended petition naming…