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EVANS v. KELLY-SPRINGFIELD TIRE CO.

No. 20775.

620 S.W.2d 737 (1981)

William E. EVANS, Appellant, v. The KELLY-SPRINGFIELD TIRE COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

June 29, 1981.

Attorney(s) appearing for the Case

G. Dennis Sullivan, Woodburn, Sullivan & Hayslett, Dallas, for appellant.

R. Spencer Shytles, Pailet & Bader, Dallas, for appellee.

Before GUITTARD, C. J., and CARVER and STEPHENS, JJ.

STEPHENS, Justice.

The Kelly-Springfield Tire Company sued "William E. Evans, d/b/a A-1 Tire Service," on a sworn account under Vernon's Tex.R.Civ.P. 185. William E. Evans answered Kelly's suit by a sworn denial, in accordance with Vernon's Tex.R.Civ.P. 93(c), that he was not liable in the capacity in which he was sued, and that he was not personally liable to the plaintiff in any manner. Kelly-Springfield then filed its motion for summary judgment, supported by an...

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