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Cobalt Operating, LLC, a Texas Limited Liability Company v. Associated Supply Company, Inc.
07-16-00326-CV
| Tex. App. | Oct 18, 2017
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Background

  • 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)
Read the full case

Case Details

Case Name: Cobalt Operating, LLC, a Texas Limited Liability Company v. Associated Supply Company, Inc.
Court Name: Court of Appeals of Texas
Date Published: Oct 18, 2017
Docket Number: 07-16-00326-CV
Court Abbreviation: Tex. App.