Sherman v. Philips Industries, Inc.

EVANS, Judge.

This is an appeal from a default judgment rendered in favor of the appellee on a sworn account.

In its first point of error appellant contends that the appellee’s petition was fundamentally defective in that it failed to clearly describe the subject matter of the sworn account. This point will be sustained.

In order to support a default judgment a sworn account must show with reasonable certainty the nature of each item, the date and the charge therefor. Rule 185, Tex.R.Civ.P.; Williamsburg Nursing Home, Inc. v. Paramedics, Inc., 460 S.W.2d 168 (Tex.Civ.App.-Houston [1st Dist.]…