Block v. Tarrant Wholesale Drug Co.

GRAVES, Justice.

This appeal is from a judgment of the court below, sitting without a jury, denying the appellant any recovery against the appellee, upon a sworn account for a claimed balance of $695.60, which he, as the assignee of Ambrose & Company, had declared upon as being due by the Drug Company for merchandise it was alleged to have purchased during the months of November and December, 1936, from Am-brose & Company.

Among other answering pleas, the appel-lee filed in writing a sworn denial of the account, as well as of the justness thereof, in whole or in part.

The only evidence offered…