(DOWNLOAD) "Airborne Freight Corporation v. Crb Marketing" by Supreme Court of Texas No. B-7426 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Airborne Freight Corporation v. Crb Marketing
- Author : Supreme Court of Texas No. B-7426
- Release Date : January 17, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is a suit on a sworn account brought by Airborne Freight Corporation against CRB Marketing pursuant to Tex.R.Civ.P. 185. Attached to the plaintiff's petition were copies of invoices for services rendered and an affidavit from plaintiff's collection manager that the claim was just and true, that it was due, and that all just and lawful credits had been allowed. The defendant CRB answered only by an unsworn denial. At trial, Airborne Freight introduced evidence bearing only on the issue of reasonable attorney's fees. After a non-jury hearing, the county court at law rendered judgment in favor of Airborne Freight for $1,063.12, representing the principal debt, attorney's fees, and interest. Upon CRB's appeal, the court of civil appeals reversed and rendered judgment that Airborne Freight take nothing. 561 S.W.2d 37. It held that no evidence supported the judgment because the sworn account was not formally offered in evidence. Airborne Freight now contends that the sworn account filed in accordance with Rule 185 is itself evidence to support the trial court's judgment without the necessity of introducing it into evidence. Rule 185 provides in part: