Fenwal, Inc. v. Mencio Security, Inc.

OPINION

ESQUIVEL, Justice.

This is an appeal from a take nothing judgment in a suit on a sworn account.

Appellant Fenwal, Inc. (Fenwal) filed suit against appellee Mencio Security, Inc., d/b/a Seso Security (Seso) seeking to recover on a sworn account for equipment sold by it to Seso at the insistence and request of Seso. Seso answered by sworn denial and subsequently filed its counterclaim seeking damages as a result of Fen-wal’s alleged breach of a written contract, namely, a Commission Sales Representative Agreement. In a trial before a jury, the trial court permitted Seso to offer a trial…