Remley v. Street

DIES, Chief Justice.

Eunice Remley, plaintiff below, filed suit on a written contract against James E. Street, defendant. Defendant Street filed for summary judgment, which was granted, and from which plaintiff appeals. The parties will herein be referred to as they were below.

Plaintiff’s first point is that defendant failed to have adequate proof “in view of [his] failure to swear to any affidavit or any other sworn proof.”

There is a sworn deposition on file which is sufficient. Stafford v. Smith, 458 S.W. 2d 217, 221 (Tex.Civ.App.—Houston [1st Dist.] 1970, no writ). The point is overruled.

Pla…