Ball v. Cooper-Stanley Company

BATEMAN, Justice.

The appellee Cooper-Stanley Company, Inc. sued the appellant Maurice Ball to recover a balance claimed to be owing for paving done by appellee. Appellant filed a counterclaim for damages for alleged breach by appellee of the contract to do the paving.

At the close of the evidence the court withdrew from jury consideration appel-lee’s claim against appellant and granted *468its motion for judgment on its “sworn account” for $3,400.75 on the ground that appellant had not sworn to his answer opposing the same. The court then submitted to the jury five special issues, in answer to…