AVERITT v. BRUTON PAINT & FLOOR CO.

No. 05-88-00172-CV.

773 S.W.2d 574 (1989)

Don R. AVERITT, Appellant, v. BRUTON PAINT & FLOOR CO., Appellee.

Court of Appeals of Texas, Dallas.

March 23, 1989.


Attorney(s) appearing for the Case

Joseph R. Reznicek, Dallas, for appellant.

Darrell D. Minter, Dallas, for appellee.

Before STEWART, KINKEADE and OVARD, JJ.


OVARD, Justice.

Appellant, Don R. Averitt, appeals from a denial of a motion for new trial, and seeks to set aside a default judgment. This suit arose when Averitt allegedly bought goods on credit from appellee, Bruton Paint & Floor Company (Bruton) and then did not pay for the items. Bruton filed suit on a sworn account against Averitt for the price of the goods.

Averitt contends that the trial court abused its discretion in denying his motion for new...

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