Bestwall Gypsum Division, Georgia-Pacific Corp. v. Padgett Bros. Drywall

PEDEN, Justice.

Suit on a sworn account for building materials; a summary judgment was granted to defendant that plaintiff take nothing. The parties will be designated as they were in the trial court.

Plaintiff’s point of error asserts that summary judgment should not have been granted because fact issues were raised. Defendant contends plaintiff sold the materials to Builders Hardware Co., who sold them to defendant and that defendant paid Builders Hardware Co. for them.

Plaintiff’s original petition alleged that the materials were sold and delivered by the plaintiff to the defendant at the…