Dunlop Tire & Rubber Corporation v. Slack

BOYD, Justice.

Appellant Dunlop Tire & Rubber Corporation sued appellee Allen B. Slack upon a sworn account evidenced by notes and checks. Appellee denied the account and filed a cross-action. Upon a jury verdict, judgment was rendered denying appellant recovery and decreeing that appellee take nothing on his cross-action. Appellant alone appealed.

Appellant’s first point for reversal is that the court erred in overruling its exception to appellee’s affidavit denying the sworn account, because the affidavit did not state that “within the knowledge of affiant,” the verified account was not true,…