McNeil v. Pierce

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is a suit on a sworn account under Rule 185 of the Texas Rules of Civil Procedure. The sole question presented is whether the pleadings of the defendant are sufficient to put plaintiff on proof of his claim. The trial court granted judgment for plaintiff based on the pleadings of the parties. We reverse and remand.

Rule 185, as it existed at the time of trial, provided that where plaintiffs properly verified pleadings seek recovery on an account, the allegation in plaintiff’s petition shall be taken as true unless defendant files a “written denial,…