Davis v. Young Californian Shoes, Inc.

STOREY, Justice.

Young Californian Shoes sued Bill Davis and his wife Connie Davis “jointly and severally and as copartners, d/b/a/ K L & K Shoe Tree,” on a sworn account under Tex. R.Civ.P. 185. Bill Davis answered, denying liability individually as required by rule 185. He claimed inability to deny the partnership’s liability on the account, but denied that he was a partner in K L & K, claiming that it was solely his wife’s enterprise. An affidavit was attached to his denial, asserting that the defensive allegations were “true and correct to the best of his knowledge.” At trial before the…