Builders Bargain Center, Inc. v. National Gypsum Co.

CADENA, Justice.

The trial court rendered judgment against Builders Bargain Center, Inc., defendant, in a suit upon a sworn account filed by National Gypsum Company. Appellant here contends that the court erred in entering such judgment because the affidavit supporting plaintiff’s petition does not state that the facts sworn to are true “within the knowledge of affiant,” as required by Rule 185, Texas Rules of Civil Procedure.

This is not a default judgment case. Appellant filed an unsworn general denial and was present at the hearing on the merits. No exception was filed in the trial court…