South Texas Aggregates, Inc. v. Pendell

TIJERINA, Justice.

This appeal involves a suit on a sworn account filed by appellee Edward M. Pen-dell in his individual capacity. Trial before the court, without jury, resulted in judgment for appellee for $9,891.31 plus attorney’s fees, interest and costs. Appellants’ motion for a new trial was denied and they appeal.

The record evidence shows that appellee delivered certain minerals to appellants’ mill in Knippa, Uvalde County, pursuant to an alleged agreement, and did not receive full payment. Appellant South Texas Aggregates, Inc. filed a sworn denial of part of the account, saying that…