Legal Opinion

Waggoners' Home Lumber Co. v. Bendix Forest Products Corp.

Court of Appeals of Texas

Decided July 13, 1982No. 9014PublishedCited by 3 opinions

1Opinion of the Court

BLEIL, Justice.

Waggoners’ Home Lumber Co., Inc. appeals from a summary judgment granting Bendix Forest Products Corporation the money it had sought on a sworn account together with attorney’s fees and costs. Evidentiary issues are raised; we affirm.

Bendix sued under Rule 185, Tex.R. Civ.P., to recover the price of lumber products it had sold on an open account. Wag-goners’ Home did not properly deny the claim under oath, nor did it choose to answer requests for admissions served on it pursuant to Rule 169, Tex.R.Civ.P. The trial court deemed admitted the matters of which an admission was…

2Cases cited5 opinions

  1. Hidalgo v. Surety Savings and Loan AssociationTexas Supreme Court · 1971
  2. Wilcox v. St. Mary's University of San Antonio, Inc.Texas Supreme Court · 1975
  3. Dorfman v. DorfmanCourt of Appeals of Texas · 1970
  4. Special Marine Products, Inc. v. Weeks Welding & Construction, Inc.Court of Appeals of Texas · 1981
  5. Duval County Ranch Co. v. Clark Pipe & Supply, Inc.Court of Appeals of Texas · 1978

3Cited by3 opinions

  1. Texas Department of Public Safety v. Raffaelli, Texas Court of Appeals, 6th District (Texarkana)1995
  2. Pecorino v. Raymark Industries, Inc., Texas Court of Appeals, 9th District (Beaumont)1989
  3. Pecorino v. Raymark Industries, Inc., Texas Court of Appeals, 9th District (Beaumont)1989

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