From Casetext: Smarter Legal Research

Giddings v. Harold Simpson Co.

Court of Civil Appeals of Texas, Waco
Jan 29, 1976
532 S.W.2d 719 (Tex. Civ. App. 1976)

Opinion

No. 5518.

January 29, 1976.

Appeal from the County Court at Law No. 2, Travis County, Mary Pearl Williams, J.

Joel B. Mitchell, Austin, for appellant.

Don L. Baker, Austin, for appellee.


OPINION


This is an appeal by defendant Sharon C. Giddings from judgment rendered against her (jointly and severally with her husband John C. Giddings) for $1117.20 in a suit on a sworn account.

Plaintiff Simpson sued defendants John D. Giddings and Sharon C. Giddings on sworn account for $740. for accounting work and preparation of income tax return, plus $250. attorney's fees.

Defendant filed a sworn answer denying the account was just and true.

Trial before the court resulted in judgment for plaintiff against both defendants.

Defendant Sharon C. Giddings appeals on 6 points contending:

1) The trial court committed fundamental error in granting judgment against Sharon C. Giddings because there is no evidence and insufficient evidence to show she contracted for the services or accounts sued on.

2) The trial court erred in granting judgment against Sharon C. Giddings because the account sued on did not name her.

3) The trial court erred in granting judgment against Sharon C. Giddings because no fact was plead authorizing a personal judgment against her.

4) The trial court erred in awarding attorney's fees against Sharon C. Giddings.

Defendant (appellant) has brought forward no statement of facts.

In the absence of a Statement of Facts, it must be presumed on appeal that sufficient evidence was introduced to support the findings and judgment of the trial court. Ehrhardt v. Ehrhardt, (Tex.Civ.App., Waco) Er.Ref. 368 S.W.2d 37; Englander Co. v. Kennedy, Tex., 428 S.W.2d 806.

Plaintiff plead: "Plaintiff sold to Defendants * * * services which Defendants accepted and thereby became bound to pay plaintiff the stated price thereof * * *". Such pleading is sufficient to authorize personal judgment against both defendants. Moreover, defendants filed no exception to plaintiff's pleading. See Rule 90 TRCP; and insufficiency of pleading cannot be raised for the first time on appeal. Sherman v. Provident American Ins. Co., Tex., 421 S.W.2d 652; Lewter v. Dallas County, (Tex.Civ.App., Waco) NRE, 525 S.W.2d 885.

All appellant's points and contentions are overruled.

Affirmed.


Summaries of

Giddings v. Harold Simpson Co.

Court of Civil Appeals of Texas, Waco
Jan 29, 1976
532 S.W.2d 719 (Tex. Civ. App. 1976)
Case details for

Giddings v. Harold Simpson Co.

Case Details

Full title:Sharon C. GIDDINGS, Appellant, v. HAROLD V. SIMPSON AND COMPANY, Appellee

Court:Court of Civil Appeals of Texas, Waco

Date published: Jan 29, 1976

Citations

532 S.W.2d 719 (Tex. Civ. App. 1976)

Citing Cases

Yoast v. Yoast

Tex.Rev.Civ.Stat.Ann. art. 5510 et seq. Appellants are powerless to make a viable complaint as to the…

Woodward v. Higdon

And in the absence of a complete statement of facts (which is appellant's burden and duty to bring forward),…