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ALTON R. FAIRCHILD, INC. v. M-P COTTON FELT COMPANY

No. 16719.

403 S.W.2d 527 (1966)

ALTON R. FAIRCHILD, INC., Appellant, v. M-P COTTON FELT COMPANY, Inc., d/b/a Kay Bedding Company, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

April 29, 1966.

Attorney(s) appearing for the Case

Garrett & Garrett, and Rufus Garrett, Jr., Fort Worth, for appellant.

Ungerman, Hill, Ungerman & Angrist, and Stanford M. Dolginoff, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

A suit properly brought under provisions of Texas Rules of Civil Procedure, rule 185, "Suit on Sworn Account", has almost become qualified as one which is sui generis in instances where the defendant in such a suit fails to file a sworn denial within the provisions of said Rule and of T.R.C.P. 93, "Certain Pleas to be Verified".

In said cases, and as applied to the right of the plaintiff to judgment upon the...

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