WALLACE v. PETROLEUM ENGINEER. & TOOL CO. OF HOUSTON

No. 13783.

349 S.W.2d 609 (1961)

David J. WALLACE, d/b/a Dave Wallace & Co., Appellant, v. PETROLEUM ENGINEERING & TOOL CO. OF HOUSTON et al., Appellees.

Court of Civil Appeals of Texas, Houston.

September 7, 1961.


Attorney(s) appearing for the Case

W. A. MacNaughton, Houston, for appellant.

Clyde W. Woody and John J. Browne, Houston, for appellees.


COLEMAN, Justice.

This is a suit for debt. The court, after trial without a jury, entered judgment for a portion of the debt. David J. Wallace, plaintiff in the trial court, appeals.

Plaintiff brought suit on a sworn account and quantum meruit. The account was sworn to by plaintiff's attorney on information and belief and therefore was insufficient as proof of the items listed and their values. Plaintiff introduced testimony concerning the repairs made and...

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