Pierce Oil Corp. v. Watson

Court of Appeals of Texas

Pierce Oil Corp. v. Watson

242 S.W. 1081, 1922 Tex. App. LEXIS 1081

CourtCourt of Appeals of Texas

DecidedJune 8, 1922

DocketNo. 2598.

StatusPublished

This text of 242 S.W. 1081 (Pierce Oil Corp. v. Watson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pierce Oil Corp. v. Watson, 242 S.W. 1081, 1922 Tex. App. LEXIS 1081 (Tex. Ct. App. 1922).

Pincite

Opinion

HODGES, J.

The appellant sued the ap-pellee on a verified account, claiming an indebtedness of $320.82; The claim was based upon a sale by the appellant to the appellee of a stated number of gallons of gasoline. The appellee answered by a verified denial, asserting that the account sued on was incorrect in that it contained an overcharge for 681 gallons of gasoline at 29 cents per gallon, amounting to the sum of $197.49. The remainder of the account was admitted to be correct. In a trial before the court a judgment was rendered in favor of the appellant. for the amount sued for less the shortage pleaded. The evidence sustains the judgment rendered. There was no error in refusing to admit the verified account as prima facie evidence of the debt; the appel-lee having filed an answer sufficient to impeach the correctness of the account.

The judgment is affirmed.

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HODGES, J.

The appellant sued the ap-pellee on a verified account, claiming an indebtedness of $320.82; The claim was based upon a sale by the appellant to the appellee of a stated number of gallons of gasoline. The appellee answered by a verified denial, asserting that the account sued on was incorrect in that it contained an overcharge for 681 gallons of gasoline at 29 cents per gallon, amounting to the sum of $197.49. The remainder of the account was admitted to be correct. In a trial before the court a judgment was rendered in favor of the appellant. for the amount sued for less the shortage pleaded. The evidence sustains the judgment rendered. There was no error in refusing to admit the verified account as prima facie evidence of the debt; the appel-lee having filed an answer sufficient to impeach the correctness of the account.

The judgment is affirmed.

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Bluebook (online)

242 S.W. 1081, 1922 Tex. App. LEXIS 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-oil-corp-v-watson-texapp-1922.