Brown v. Clark

RAY, Justice.

This is a summary judgment case. Merriel E. Clark, d/b/a Clark Brick Sales, appellee (plaintiff), brought suit against appellant (defendant), H. B. Brown, Jr., d/b/a Brown Development Company, seeking sums of money due for goods sold to Brown on open account. Clark filed a motion for summary judgment which was granted by the trial court. Appellant Brown has perfected his appeal and submits three points of error for our consideration.

Appellee Clark filed his sworn petition with attached accounts for services rendered and materials furnished. Appellant Brown replied with a sworn…