Cobalt Operating, LLC, a Texas Limited Liability Company v. Associated Supply Company, Inc.
07-16-00326-CV
| Tex. App. | Oct 18, 2017Background
- Cobalt opened a credit account with ASCO in June 2014 for renting equipment and purchasing supplies.
- Cobalt rented a forklift from ASCO from June 25 to September 5, 2014 under a written rental agreement.
- ASCO invoiced for forklift charges; Cobalt paid all except the last invoice L71822 for August 29–September 5, 2014 ($2,701.88).
- The forklift was returned damaged; ASCO billed Cobalt for repair costs ($9,358.18, W22076) which Cobalt did not pay.
- ASCO filed suit on a sworn account and sought attorney’s fees; the trial court granted summary judgment for ASCO on the sworn account and fees.
- Cobalt appeals, arguing genuine issues preclude summary judgment on elements of the sworn account claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ASCO proved all elements of a sworn account | Cobalt asserts genuine issues preclude SJ on contract, breach, and damages. | ASCO contends its affidavits establish (1) credit app, (2) rental, (3) written agreement, (4) invoiced charges paid except last, (5) damage and repair charges, (6) usual rates, (7) remaining balance. | Yes; the court affirmed SJ on sworn account. |
Key Cases Cited
- Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844 (Tex. 2009) (traditional SJ standard; movant must prove no genuine fact issue)
- City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671 (Tex. 1979) (summary-judgment standard; movant must show entitlement as a matter of law)
- 20801, Inc. v. Parker, 249 S.W.3d 392 (Tex. 2008) (reviewing record in light of the nonmovant's evidence)
- Hamilton v. Wilson, 249 S.W.3d 425 (Tex. 2008) (weighing evidence and reasonable inferences in SJ context)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (evidence standard for determining existence of material facts)
