Taylor v. Wright Sales Company

Court of Appeals of Texas

Taylor v. Wright Sales Company

357 S.W.2d 824, 1962 Tex. App. LEXIS 2484

CourtCourt of Appeals of Texas

DecidedMay 3, 1962

Docket3992

StatusPublished

Cited by3 cases

This text of 357 S.W.2d 824 (Taylor v. Wright Sales Company) 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

Taylor v. Wright Sales Company, 357 S.W.2d 824, 1962 Tex. App. LEXIS 2484 (Tex. Ct. App. 1962).

Pincite

Opinion

WILSON, Justice.

Appellee filed this suit as one-'on a sworn-account. Judgment was rendered for the balance shown by the statement attached to the petition, and attorneys’ fees.

The account was not itemized; it listed only invoice numbers, and was insufficient to support the judgment against defendant’s exceptions. 1 Tex.Jur.2d Sec. 72, p. 322.

The statement of account contained as its first entry, “Balance 914.64, 8-31-57”. Appellee’s evidence consisted of subsequent itemized invoices covering a two-month period, the amount of which, with credits, cannot be reconciled with the judgment. There is no evidence to establish the initial item. Testimony as to whether the invoices had been paid was so equivocal as not to-constitute evidence. The evidence does not support the judgment, and reversal is required.

Reversed and remanded.

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