159 S.W.2d 200 (Tex.Civ.App. 1942), 5876, Dewey T. Ross Engineering Corp. v. Sonneman

Docket Nº:5876.
Citation:159 S.W.2d 200
Opinion Judge:HALL, Justice.
Party Name:DEWEY T. ROSS ENGINEERING CORPORATION v. SONNEMAN.
Attorney:Pollard, Lawrence & Reeves, of Tyler, for appellant. McEntire & Shank, of Dallas, for appellee.
Case Date:February 12, 1942
Court:Court of Appeals of Texas, Court of Civil Appeals of Texas
 
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Page 200

159 S.W.2d 200 (Tex.Civ.App. 1942)

DEWEY T. ROSS ENGINEERING CORPORATION

v.

SONNEMAN.

No. 5876.

Court of Civil Appeals of Texas, Texarkana.

February 12, 1942

Rehearing Denied February 26, 1942.

Appeal from District Court, Smith County; Nat W. Brooks, Judge.

Action by Herbert H. Sonneman against Dewey T. Ross Engineering Corporation upon an itemized sworn account for certain merchandise allegedly sold by plaintiff to defendant. From a judgment for plaintiff, defendant appeals.

Judgment reformed and affirmed.

Page 201

Pollard, Lawrence & Reeves, of Tyler, for appellant.

McEntire & Shank, of Dallas, for appellee.

HALL, Justice.

This is an action upon an itemized sworn account for certain merchandise allegedly sold by appellee, sole owner of the Brownstown Lumber Company of Brownstown, Illinois, to appellant, Dewey T. Ross Engineering Corporation of Tyler, Texas. The account stated is $2,179.88 and runs from October 5, 1938, to June 22, 1939. In the alternative, appellee alleged that the merchandise itemized in his account was of the reasonable value charged therefor and that same was received and used by appellant. Appellant denied generally, and specifically with sworn denials of eleven items of appellee's account and made tender into court of the sum of $985.81 which it claimed was the total amount owing by it to appellee. Trial was to the court without a jury and resulted in judgment for appellee for $1752.09, together with interest at 6% from date.

Appellant presents eight propositions attacking the findings of the trial court as being without support in the evidence or against the overwhelming weight of the evidence.

The record discloses that appellant, a Texas corporation, was doing business in the oil fields of Illinois under a permit from that state. In its application for a permit, appellant designated A. B. Everett as its managing agent or general agent in the State of Illinois. It is undisputed that Everett occupied this position with appellant during all the times covering the transactions here in controversy. The evidence shows without dispute that appellant corporation was engaged in the business of erecting and dismantling oil well derricks in the oil fields of Illinois; that in carrying on this character of work it required large amounts of lumber and nails. The evidence also shows without dispute that appellee was engaged in the retail sale of lumber and other building materials and his claim here arises from certain items of lumber and nails alleged to have been sold by...

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