Abe I. Brilling Insurance Agency v. Hale

HUMPHREYS, Justice.

Abe I. Brilling Insurance Agency, appellant, sued Glen Hale, doing business as South Lamar Iron & Steel, to recover premiums allegedly due on two insurance policies. Brilling abandoned his contract action and proceeded to try the case as a suit on a sworn account pursuant to Tex.R.Civ.P. 185. The court overruled Brilling’s motion for judgment on the pleadings, and after trial, found that there was no agreement to pay these sums and rendered judgment for Hale. We affirm because Brilling’s suit was not filed in the form required by Rule 185.

Brilling’s pleadings alleged an…