2900 Smith, Ltd. v. Constellation Newenergy, Inc.

SUBSTITUTE OPINION

JOHN S. ANDERSON, Justice.

Appellants, 2900 Smith Limited (“2900 Smith”) and Katie Pham’s Motion for Re hearing En Banc is overruled, our memorandum opinion of July 21, 2009 is withdrawn, and the following substitute opinion is issued in its place.

Appellants appeal from a judgment entered following a bench trial of a suit on a sworn account. We affirm.

Factual and Procedukal Background

Prior to July 21, 2005, 2900 Smith had an electoicity services contract with Azor Energy, L.P. On or about July 21, 2005, Azor Energy ceased doing business in the State of Texas. As a result, the…