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CARRUTH v. WIX CORPORATION

No. 6847.

409 S.W.2d 938 (1966)

A. M. CARRUTH, d/b/a Carruth Distributing Company, Appellant, v. WIX CORPORATION, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied December 7, 1966.

Attorney(s) appearing for the Case

Fred A. White, Port Arthur, for appellant.

John L. Fulbright, Beaumont, for appellee.

ON MOTION FOR REHEARING

STEPHENSON, Justice.

Our opinion delivered September 8, 1966, is withdrawn and the following opinion is substituted therefor.

This is an action on a sworn account for goods sold and delivered. The trial court granted plaintiff's motion for summary judgment. The parties will be referred to here as they were in the trial court.

Defendant's first point of error is that the trial court erred in granting the motion for...

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