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OSBORNE-KEMPER-THOMAS, INC. v. MICKAN'S MEN & BOYS SHOP

No. 5066.

473 S.W.2d 343 (1971)

OSBORNE-KEMPER-THOMAS, INC., Appellant, v. MICKAN'S MEN AND BOYS SHOP, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 2, 1971.

Attorney(s) appearing for the Case

Walter S. Smith, Jr., Waco, for appellant.

John R. Duren, Copperas Cove, for appellee.

OPINION

HALL, Justice.

Appellant instituted this action on sworn account to recover the price of merchandise sold by it on open account to appellee, Mickan's Men & Boys Shop. Appellee's pleadings recite that "Mickan's Men & Boys Shop" is a name under which Marvin Mickan does business.

Appellant's original petition was filed on March 24, 1971; and its first amended original petition was filed on June 9, 1971. Both pleadings show, and appellant...

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