Court of Civil Appeals of Texas, 1922

Pierce Oil Corp. v. Watson

Pierce Oil Corp. v. Watson
Court of Civil Appeals of Texas · Decided June 8, 1922 · Hodges
242 S.W. 1081; 1922 Tex. App. LEXIS 1081 (South Western Reporter)

Pierce Oil Corp. v. Watson

Opinion of the Court

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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