Superior Stationers Corp. v. Berol Corporation

PEDEN, Justice.

Defendant appeals from the granting of a summary judgment in favor of plaintiff in a suit on a sworn account.

Defendant’s first point of error is that the trial court erred in granting summary judgment because the plaintiff’s proof regarding attorney’s fees was insufficient to support a summary judgment.

We sustain this point of error in part.

Plaintiff’s suit was brought on a sworn account to recover $2,863.49 plus interest and reasonable attorney’s fees. Its petition was in due form, and attached to it was an itemized, sworn account of the goods allegedly sold and delivered. The…