United Business Machines v. Entertainment Marketing

Plaintiff-appellee brought suit on a sworn account for money due appellee for merchandise sold and delivered to defendant-appellant. Appellee moved for summary judgment on the grounds that (1) appellants answer was insufficient to contest a sworn account, and (2) appellees summary judgment evidence entitled appellee to judgment as a matter of law. Appellant then filed a sworn amended original answer denying the truth of the account, denying appellees entitlement to attorneys fees, and asserting affirmative defenses claiming entitlement to offsets and credits. Appellant timely filed a response to the motion for summary judgment, stating only that appellees motion should be denied because appellant had filed an answer in the case "which conforms to Rules 93 and 185 T.R.C.P." The trial court granted summary judgment for appellee, awarding $127,687.16 in principal, plus interest, attorneys fees, and costs.