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BROOKS v. HIGHLAND RESOURCES, INC.

No. 236.

440 S.W.2d 401 (1969)

Alton BROOKS, d/b/a Alton's Asphalt Paving Co., Appellant, v. HIGHLAND RESOURCES, INC., d/b/a Houston Materials Co., Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 14, 1969.

Attorney(s) appearing for the Case

Ted Musick, Houston, for appellant.

Charles A. Nester, Monteith, Baring & Monteith, Houston, for appellee.

SAM D. JOHNSON, Justice.

This is an appeal from a summary judgment on a sworn account.

The plaintiff in the trial court, appellee here, filed suit for the recovery of an account in the sum of $2,713.81, alleging that $1,350 had been paid thereon by the defendant leaving a balance due and unpaid in the sum of $1,363.81. Defendant filed an answer and action over which was sworn to. Defendant's answer did not contain a denial of either the justness or truth of...

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