Sundance Oil Co. v. Aztec Pipe and Supply Co., Inc.

Sundance Oil Company, the petitioner, brought suit upon a sworn account under Texas Rules of Civil Procedure 185 for certain pipe and equipment it claims it sold to Aztec Pipe and Supply Company, Inc., the respondent. The respondent filed a general denial that normally would not be sufficient under Texas Rules of Civil Procedure 185 to deny the account. The trial court granted petitioner’s motion for summary judgment. The court of civil appeals reversed in Aztec Pipe and Supply Co. v. Sundance Oil Co., 568 S.W.2d 401 (Tex.Civ.App.—Houston [1st Dist.] 1978), reasoning that the respondent was a…