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ABE I. BRILLING INS. AGCY. v. HALE

No. 20170.

601 S.W.2d 403 (1980)

ABE I. BRILLING INSURANCE AGENCY, Appellant, v. Glen HALE d/b/a South Lamar Iron & Steel, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 25, 1980.

Attorney(s) appearing for the Case

Stanley D. Biderman, Austin, for appellant.

Wayne A. Melton, Dallas, for appellee.

Before AKIN, CARVER and HUMPHREYS, JJ.

HUMPHREYS, Justice.

Abe I. Brilling Insurance Agency, appellant, sued Glen Hale, doing business as South Lamar Iron & Steel, to recover premiums allegedly due on two insurance policies. Brilling abandoned his contract action and proceeded to try the case as a suit on a sworn account pursuant to Tex.R.Civ.P. 185. The court overruled Brilling's motion for judgment on the pleadings, and after trial, found that there was no agreement to pay these sums and rendered...

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