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SUSTALA v. NORTH SIDE READY-MIX CONCRETE CO.

No. 13283.

317 S.W.2d 64 (1958)

A. J. SUSTALA, Appellant, v. NORTH SIDE READY-MIX CONCRETE COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston.

October 16, 1958.

Attorney(s) appearing for the Case

J. Leonard Gotsdiner, Leonard Z. Finger, Houston, for appellant.

Spiner, Pritchard & Thompson, Clark G. Thompson, Houston, for appellee.

WERLEIN, Justice.

This suit on sworn account was brought by appellee, North Side Ready-Mix Concrete Company, against A. J. Sustala, appellant, to recover an alleged balance due appellee for concrete and building materials. In its first amended original petition, filed November 20, 1957, appellee claimed the amount due was $1,395.18. Appellant answered by a sworn denial of the account in its entirety and by a sworn plea of payment, alleging specially that the account...

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