Lambert v. Dealers Electrical Supply, Inc.

AKIN, Justice.

This litigation arose when Dealers Electrical Supply, Inc. (Dealers) sued “C. T. Lambert individually and d/b/a CTL Construction Company” on a sworn account under Tex.R.Civ.P. 185. Lambert answered and asserted defenses, but failed to swear to his answer as required by rule 185. At trial, the judge admitted into evidence the account but declined to permit Lambert to tender evidence on his defenses. The judge then rendered judgment against Lambert on the account, which showed that the goods were sold to CTL Construction Company, rather than Lambert. Lambert appeals on the ground,…