4M LINEN & UNIFORM SUPPLY CO., INC. v. W.P. BALLARD & CO.

No. 01-88-00855-CV.

793 S.W.2d 320 (1990)

4M LINEN & UNIFORM SUPPLY CO., INC., Appellant, v. W.P. BALLARD & CO., INC., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 19, 1990.


Attorney(s) appearing for the Case

Andrew J. Mytelka, John A. Buckley, Jr., Galveston, for appellant.

Robert E. Lapin, Galveston, for appellee.

Before EVANS, C.J., and DUGGAN and O'CONNOR, JJ.


ON MOTION FOR REHEARING

O'CONNOR, Justice.

This is an appeal from a suit on a sworn account. We grant appellant's motion for rehearing, withdraw our original opinion issued November 16, 1989, and substitute the following opinion.

W.P. Ballard & Co., Inc. (Ballard & Co.) filed suit on a sworn account against 4M Linen & Uniform Supply Co., Inc. (4M Linen). In response, 4M Linen filed a counterclaim alleging breach of implied warranty, breach...

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