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GRAHAM v. TRUCK EQUIPMENT CO. OF AMARILLO, INC.

No. 7697.

413 S.W.2d 778 (1967)

Dewayne GRAHAM, Appellant, v. TRUCK EQUIPMENT COMPANY OF AMARILLO, INC., Appellee.

Court of Civil Appeals of Texas, Amarillo.

April 3, 1967.

Attorney(s) appearing for the Case

Merchant & Barfield, Amarillo, J. Jerry Merchant, Amarillo, of Counsel, for appellant.

Lumpkin, Watson & Smith, Amarillo, Stephen P. Killough, Amarillo, of counsel, for appellee.

DENTON, Chief Justice.

A default judgment was rendered in favor of Truck Equipment Company of Amarillo, Inc., against Dewayne Graham on a sworn account. Three days after the rendition of the default judgment, the defendant filed an unsworn answer. Ten days after the rendition of the judgment the defendant filed a motion to set aside the default judgment and to grant a new trial which was timely overruled.

The plaintiff...

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