Port Distributing Corp. v. Fritz Chemical Co.

ON MOTION FOR REHEARING

McCLUNG, Justice.

Our opinion of May 26, 1989 is withdrawn and this opinion is issued in lieu thereof. Appellee’s motion for rehearing is denied.

This case is an appeal by Port Distributing Company from a summary judgment granted in favor of Fritz Chemical Company. Fritz filed suit against Port based upon a verified account. Fritz alleged that it had sold and delivered certain goods to Port who had failed to pay the sums due. Port’s answer was a verified denial of the sworn account. Thereafter, Fritz filed a motion for summary judgment. A hearing on the motion for summary…