Lambert v. Dealers Electrical Supply, Inc.

I agree that a defendant is not required by rule 93(o) of the Texas Rules of Civil Procedure to deny under oath that he is “doing business under an assumed or trade name as alleged,” unless the petition has alleged that he is so doing business. I cannot agree, however, that the petition in .this case, when reasonably construed, does *64not so allege. I would hold that its provisions are clear enough to give defendant notice of his claim and thus to invoke the requirements of rule 93(o).

The majority rest the decision on the circumstance that the petition does not state in any of the numbered…