SOUTH TEXAS LUMBER STORES, INC. v. CAIN

No. 11513.

416 S.W.2d 530 (1967)

SOUTH TEXAS LUMBER STORES, INC., Appellant, v. M. E. CAIN, Appellee.

Court of Civil Appeals of Texas, Austin.

June 7, 1967.


Attorney(s) appearing for the Case

Coffee, Ritter & Goldston, Jack Ritter, Jr., Austin, for appellant.

Byrd, Davis, Eisenberg & Clark, Jack C. Eisenberg, Don L. Davis, Austin, for appellee.


HUGHES, Justice.

South Texas Lumber Stores, Inc., appellant, sued M. E. Cain on a sworn account. The parties announced ready for trial. When the introduction of evidence was concluded, appellant moved for judgment on the ground that appellee's answer consisted only of an unsworn general denial. This motion was granted. Thereafter, appellee filed a motion (a) to continue and permit him to file a trial amendment, or (b) to grant an order permitting him to withdraw his...

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