MAGIC CARPET COMPANY v. PHARR

No. 18316.

508 S.W.2d 696 (1974)

MAGIC CARPET COMPANY, Appellant, v. E. L. PHARR, Appellee.

Court of Civil Appeals of Texas, Dallas.

April 18, 1974.


Attorney(s) appearing for the Case

Norman P. Hines, Jr., Dallas, for appellant.

David L. Hollenbeck, Irving, for appellee.


GUITTARD, Justice.

In this action on an account stated, we hold that plaintiff has made out a prima facie case by introducing a receipt signed by defendant acknowledging delivery of materials, but without stating the price or quantity, together with a check signed by defendant on which payment was stopped.

Plaintiff's petition is in the form of a suit on a sworn account for carpet installed in defendant's house and also alleges the receipt and the check signed...

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