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HARVEY v. PEDIGO OIL CO., INC.

No. 17890.

557 S.W.2d 167 (1977)

Lydia M. HARVEY, Individually and d/b/a Harvey's Zip Gas and d/b/a Minnow Ranch, Appellant, v. PEDIGO OIL CO., INC., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied November 10, 1977.

Attorney(s) appearing for the Case

John Harvill, Bridgeport, for appellant.

Milford Lee Hall, Bowie, for appellee.

OPINION

HUGHES, Justice.

Pedigo Oil Co., Inc. sued Lydia Harvey, d/b/a Harvey's Zip Gas and d/b/a Minnow Ranch, on a sworn account. Harvey filed an unsworn pleading containing a general denial and a special exception to Pedigo's request for attorney's fees. Pedigo filed a Motion for Partial Summary Judgment which was controverted by a sworn reply from Harvey. Jury was waived and trial was had before trial court on the merits, as well as on the summary judgment...

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