McNEIL v. PIERCE

No. 08-84-00254-CV.

688 S.W.2d 209 (1985)

Pat McNEIL, Appellant, v. Charles PIERCE d/b/a Fashion Floors, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied April 3, 1985.


Attorney(s) appearing for the Case

Edward T. Garza, Midland, for appellant.

C.H. Hal Brockett, Jr., Brockett, Cunningham & Bates, Midland, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.


OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is a suit on a sworn account under Rule 185 of the Texas Rules of Civil Procedure. The sole question presented is whether the pleadings of the defendant are sufficient to put plaintiff on proof of his claim. The trial court granted judgment for plaintiff based on the pleadings of the parties. We reverse and remand.

Rule 185, as it existed at the time of trial, provided that where plaintiff's properly...

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