BUILDERS BARGAIN CENTER, INC. v. NATIONAL GYPSUM COMPANY

No. 14436.

398 S.W.2d 804 (1966)

BUILDERS BARGAIN CENTER, INC., Appellant, v. NATIONAL GYPSUM COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

January 12, 1966.


Attorney(s) appearing for the Case

Werner A. Gohmert, Alice, for appellant.

Lon D. Herbert, Alice, for appellee.


CADENA, Justice.

The trial court rendered judgment against Builders Bargain Center, Inc., defendant, in a suit upon a sworn account filed by National Gypsum Company. Appellant here contends that the court erred in entering such judgment because the affidavit supporting plaintiff's petition does not state that the facts sworn to are true "within the knowledge of affiant," as required by Rule 185, Texas Rules of Civil Procedure.

This is not a default judgment...

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