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GRACE v. RAHLFS

No. 6335.

508 S.W.2d 158 (1974)

Michael P. GRACE, Appellant, v. John W. RAHLFS, d/b/a John W. Rahlfs Co., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied April 24, 1974.

Attorney(s) appearing for the Case

Turpin, Smith, Dyer, Harman & Dawson, Joseph Connally, Odessa, Graves, Dougherty, Hearon, Moody & Garwood, R. James George, Jr., Austin, for appellant.

Lynch, Chappell, Allday & Aldridge, Randall Lundy, D. Bruce Pope, Midland, for appellee.

OPINION

WARD, Justice.

This is a suit on a sworn account to recover the balance due to an independent insurance agent for various insurance premiums. The plaintiff, though preserving an objection to the sufficiency of the defendant's counter-affidavit, proceeded with the proof of his case by evidence independent of the aid of Rule 185, Texas Rules of Civil Procedure. Trial was to a jury and based on the 18 special issues submitted, which were all answered...

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