South Texas Lumber Stores, Inc. v. Cain

HUGHES, Justice.

South Texas Lumber Stores, Inc., appellant, sued M. E. Cain on a sworn account. The parties announced ready for trial. When the introduction of evidence was concluded, appellant moved for judgment on the ground that appellee’s answer consisted only of an unsworn general denial. This motion was granted. Thereafter, ap-pellee filed a motion (a) to continue and permit him to file a trial amendment, or(b) to grant an order permitting him to withdraw his announcement of ready, or(c) to enter an order in arrest of judgment and grant a new trial.

This motion was granted to the extent…