Cutino Co. v. Weeks

On October 1, 1924, appellant filed a petition in the usual form in suit on account for merchandise sold and delivered, and attached thereto an itemized bill of particulars. This petition was unverified. Appellee answered, and his answer was unverified. Later, appellant filed an amended and substituted petition, which was verified. Appellee then filed a verified amendment to his answer.

There is no dispute in the evidence that the articles constituting the bill of particulars were shipped to and received by appellee. In one part of the answer, appellee, while admitting prices for such…