Feller v. Southwestern Bell Telephone Co.

J. CURTISS BROWN, Chief Justice.

This is an appeal from a summary judgment rendered for Southwestern Bell Telephone Company (Bell) in the suit on an open account against J. E. Feller (Feller), individually and d. b. a. Programmed Security Co. (Programmed Security).

Bell originally filed suit on a sworn account under rule 185, Tex.R.Civ.P., against Feller, individually and d. b. a. Programmed Security Co., but since Bell’s Third Amended Petition was not sworn as required by rule 185, this was not a sworn account case. 1 Nevertheless, Feller responded by a sworn denial in his Third Amended…