Gray's Container Service, Inc. v. Royal Indemnity Co.

OPINION

HUGHES, Justice.

Gray’s Container Services, Inc. has appealed the judgment rendered against it and in favor of Royal Indemnity Company in a suit on sworn account for insurance premiums.

We reverse and remand.

We find it necessary to pass on point of error number six only: In short, was it error for the trial court to find the sworn answer of Gray insufficient because it did not show on its face that it was within the knowledge of the affiant? Do Tex.R.Civ.P. 185 and 93(k) require a defendant’s counter affidavit in a suit on sworn account to specifically state that the facts are within the…