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WAGGONERS' HOME LUMBER CO. v. BENDIX, ETC.

No. 9014.

639 S.W.2d 327 (1982)

WAGGONERS' HOME LUMBER CO., INC., Appellant, v. BENDIX FOREST PRODUCTS CORPORATION, Appellee.

Court of Appeals of Texas, Texarkana.

July 13, 1982.

Attorney(s) appearing for the Case

Richard B. Tanner, Tanner & Jenkins, Dallas, for appellant.

Stewart Rabinowitz, Ungerman, Hill, Ungerman, Angrist, Dolginoff, Teofan & Vickers, Dallas, for appellee.

BLEIL, Justice.

Waggoners' Home Lumber Co., Inc. appeals from a summary judgment granting Bendix Forest Products Corporation the money it had sought on a sworn account together with attorney's fees and costs. Evidentiary issues are raised; we affirm.

Bendix sued under Rule 185, Tex.R. Civ.P., to recover the price of lumber products it had sold on an open account. Waggoners' Home did not properly deny the claim under oath, nor did it choose to answer requests...

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