Gerdes v. Tygrett

CORNELIUS, Chief Justice.

Howard V. Tygrett, Jr., an attorney, filed this suit against Henry E. Gerdes, Jr. for the recovery of attorney’s fees. The suit was filed as an action on sworn account for personal services, as authorized by Tex.R. Civ.P. 185. Attached to the verified petition was an itemized account of the services and the charges therefor, which after offsets and payments, totaled $750.35. Gerdes did not file a sworn denial of the account as provided by Rule 185, but filed only a general denial. Almost a year later Tygrett filed a motion for summary judgment. The motion asserted…