Biscamp v. Zeno Carpet Company

KEITH, Justice.

The appeal is from a judgment in favor of the plaintiff in a suit for debt. Plaintiff sought recovery upon a petition which was supported by the affidavit of his counsel couched in the language of Rule 185 relating to suits upon sworn account. There was no itemization of the alleged “account” contained in the petition itself nor did plaintiff attach any exhibit thereto. We quote plaintiff’s allegations concerning the debt in the margin. * Defendant answered by an unverified general denial.

Upon the date the case was set for trial, defendant and his counsel appeared after having…