DUNLOP TIRE & RUBBER CORPORATION v. SLACK

No. 15582.

276 S.W.2d 400 (1955)

DUNLOP TIRE & RUBBER CORPORATION, Appellant, v. Allen B. SLACK, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

February 25, 1955.


Attorney(s) appearing for the Case

J. R. Ogle, Wichita Falls, Goldberg & Alexander, Arthur S. Goldberg, Dallas, for appellant.

Mock, Kee & Whiteside, Donald R. Kee, Wichita Falls, for appellee.


BOYD, Justice.

Appellant Dunlop Tire & Rubber Corporation sued appellee Allen B. Slack upon a sworn account evidenced by notes and checks. Appellee denied the account and filed a cross-action. Upon a jury verdict, judgment was rendered denying appellant recovery and decreeing that appellee take nothing on his cross-action. Appellant alone appealed.

Appellant's first point for reversal is that the court erred in overruling its exception to appellee's affidavit...

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