Hassler v. Texas Gypsum Company, Inc.

AKIN, Justice. .

Texas Gypsum Company, Inc. sued Security Drywall, Inc. and Earl Hassler. individually, on a sworn account under rule 185. 1 The district court entered a default judgment against both defendants jointly and severally. Hassler alone appeals that judgment by writ of error.

We reverse and remand the judgment of the district court as to defendant Hassler for the following reasons: (1) The account attached to the plaintiff’s original petition shows that merchandise was sold to the corporate defendant and not to Hassler; (2) the account as attached to plaintiff’s original petition…