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STARK ROOF. CO., INC. v. WM. CAMERON & CO., WHOLESALE

No. 5282.

500 S.W.2d 874 (1973)

STARK ROOFING COMPANY, INC., a Texas Corp., Appellant, v. WM. CAMERON & CO., WHOLESALE, a Division of Certain-Teed Products Corp., a Maryland Corp., Appellee.

Court of Civil Appeals of Texas, Waco.

October 25, 1973.

Attorney(s) appearing for the Case

Hooper & Robinson, Karl Moeller, Austin, for appellant.

Sleeper, Williams, Johnston, Helm & Estes, Peeler Williams, III, Waco, for appellee.

HALL, Justice.

The defendant appeals from a summary judgment awarding the plaintiff $3,222.96 in this suit on a sworn open account. The award includes approximately $1,100 interest on the account which allegedly accrued while the account was past due. It also includes $800 for attorney's fees allowed under the provisions of Article 2226, Vernon's Ann. Texas Civil Statutes.1 We reverse and remand.

Defendant answered plaintiff's...

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