Booher v. Criswell

CLAUDE WILLIAMS, Chief Justice.

Harold W. Criswell, d/b/a Harold W. Criswell and Associates, brought this action against Jim Booher, “individually and d/b/a Booher and Associates,” to recover on a sworn account. The trial court granted Criswell’s motion for summary judgment, and Booher appeals. We reverse and remand.

Criswell attempted to bring suit on a sworn account in compliance with Tex.R. Civ.P. 185, to recover in the sum of $2,382.87, arising from his performance at the request of appellant, of engineering consultant services. Booher’s verified answer denied liability in the capacity in…