Taylor Water Co. v. Kelley

KEY, Associate Justice.

Appellee sued appellant on an alleged due bill, charged in appellee’s petition to have been executed by and for appellant; and its execution was not denied under oath'. Ho formal due bill was produced, but appellee showed that he received a letter signed by one W. H. Riley, stating that he sent therewith a statement of appellee’s account with the Taylor Water Co. The account which accompanied the letter contained several items of debits and credits, and concluded thus: “E. & O. E. Balance due you, $171.53.”

In our opinion, the account and letter, construed together,…