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SMITH v. POST-TENSIONED SYSTEMS, INC.

No. 17724.

537 S.W.2d 144 (1976)

Dale SMITH, d/b/a Dalco Construction Company, Appellant, v. POST-TENSIONED SYSTEMS, INC., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

May 14, 1976.

Attorney(s) appearing for the Case

Cobb & Collier, and J. D. Collier, III, Lewisville, for appellant.

Ray W. Hill, Jr., Dallas, for appellee.

OPINION

SPURLOCK, Justice.

Post-Tensioned Systems, Inc. brought this suit on a sworn account founded on a breach of a contract for the sale and delivery of materials during the months of September, October and December, 1972. Suit was filed within two years after the cause of action accrued but there was a delay in obtaining service upon the defendant. Defendant was served on January 27, 1975, and filed its answer on February 14, 1975, and the cause came...

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