CHAPIN & CHAPIN v. TEXAS SAND & GRAVEL

No. D-1145.

844 S.W.2d 664 (1992)

CHAPIN & CHAPIN, INC., Fidelity and Deposit Company of Maryland, and United States Fidelity and Guaranty Company, Petitioners, v. TEXAS SAND & GRAVEL COMPANY, INC., Respondent

Supreme Court of Texas.

Rehearing Overruled January 20, 1993.


Attorney(s) appearing for the Case

William V. Dorsaneo, III, Dallas, Richard N. Countiss, Houston, Kenneth E. Shollenbarger, Robert O. Fleming, Jr., Amarillo, for petitioners.

Tad Fowler, Amarillo, for respondent.


PER CURIAM.

Texas Sand & Gravel Co., a subcontractor, sued its general contractor, Chapin & Chapin, Inc. on a sworn account, alleging that Chapin had failed to pay Texas Sand for sand and gravel delivered to a construction project. Chapin denied Texas Sand's allegations, contending that it paid for all such materials it received. The trial court refused to allow Chapin to verify its denial less than seven days before trial, thereby restricting the evidence...

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