HOOKER v. KIRK

No. 4226.

379 S.W.2d 407 (1964)

J. W. HOOKER, d/b/a West Texas Coffee & Equipment Company, Appellant, v. Wayne KIRK, d/b/a Wayne Kirk Plumbing & Heating Company, Appellee.

Court of Civil Appeals of Texas, Waco.

May 14, 1964.


Attorney(s) appearing for the Case

Jackson & Jackson, Abilene, for appellant.

William J. Gillespie, Lubbock, for appellee.


WILSON, Justice.

Appellee's action was upon a sworn account for merchandise furnished to appellant, supported by an affidavit as prescribed by Rule 185, Texas Rules of Civil Procedure. Appellant did not file a written denial under oath stating the claim was not just and true as required by that Rule. His pleading, filed six days before trial, was a general denial, and a pleading in the nature of a third-party action alleging...

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