Alton R. Fairchild, Inc. v. MP Cotton Felt Company

OPINION

MASSEY, Chief Justice.

A suit properly brought under provisions of Texas Rules of Civil Procedure, rule 185, “Suit on Sworn Account”, has almost become qualified as one which is sui generis in instances where the defendant in such a suit fails to file a sworn denial within the provisions of said Rule and of T.R.C.P. 93, “Certain Pleas to be Verified”.

In said cases, and as applied to the right of the plaintiff to judgment upon the account when he and the defendant have announced ready for trial (assuming no counter-claim, etc., plead by the defendant and upon which he would have the…