Consolidated General Products, Inc. v. Cater

HUGHES, Justice.

This suit was brought by Consolidated General Products, Inc., against S. J. Cater, doing business as S. J. Cater Distributing Company, to recover the sum of $764.19, interest and attorneys’ fees.

The form of the pleading was that adapted to and appropriate in cases filed under Rule 185, Texas Rules of Civil Procedure, relating to suits on sworn accounts, including "a liquidated recovery demand based upon written contract.”

Appellee Cater denied the justness of the account under oath except as to the amount of $44.77 which he tendered to appellant.

Appellee specially pleaded that…