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HIMES v. AMERICAN HOME FENCE COMPANY

No. A-10036.

379 S.W.2d 290 (1964)

Bart H. HIMES et al., Petitioners, v. AMERICAN HOME FENCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied June 17, 1964.

Attorney(s) appearing for the Case

Brans & Berryman, Goldberg & Alexander, Robert N. Benson, Dallas, for petitioners.

W. B. Pope, Dallas, for respondent.

PER CURIAM.

This is a suit on a verified account. Summary judgment for the plaintiffs was rendered by the trial court. The Court of Civil Appeals reversed such judgment and remanded the cause for trial. 374 S.W.2d 777.

If the intermediate court held that there can never be a summary judgment in an action on a verified account where the defendant files a written denial under oath which meets the requirements of Rule 185,...

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