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GODDARD MACHINERY CO. v. INDUSTRIAL EQUIP. REPAIRS

No. 3944.

351 S.W.2d 371 (1961)

GODDARD MACHINERY COMPANY, Inc., Appellant, v. INDUSTRIAL EQUIPMENT REPAIRS, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

October 26, 1961.

Attorney(s) appearing for the Case

Carl R. Griffith, Beaumont, for appellant.

O. B. McWhorter, Port Arthur, for appellee.

WILSON, Justice.

Plaintiff sued on a verified account. Defendant's unverified answer pleaded payment and accord and satisfaction. The court concluded that in the absence of verified denial under Rule 185, Texas Rules of Civil Procedure, defendant was "not entitled to offer any defense as pleaded", withdrew the case from the jury and rendered judgment on the pleadings for plaintiff.

This was error. Even in the absence...

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