Safway Scaffolds Co. of Houston v. Sharpstown Realty Co.

OPINION

WILSON, Justice.

Plaintiff sued on a verified account for $322.10; and for $9,433.39, interest and penalty alleged to represent rental for construction equipment and loss of equipment rented to defendants, but not returned. The latter debt was alleged to have arisen “upon an express written rental contract or contracts fully executed by defendant or his agent.”

The judgment, reciting plaintiff’s claim was proved in part by the verified account “and in part upon a written rental contract,” awarded plaintiff $2750. Defendants’ answer contained no plea of non est factum.

The court found,…