For a general discussion of the action on a sworn account, see section 14.21 in this manual.
Pattern Requests for Admissions—Sworn Account
that Plaintiff sold to Defendant the goods, wares, merchandise, or services described in the invoice attached as Exhibit [exhibit number/letter].
Answer:
that on [date], Plaintiff sold to Defendant the goods, wares, merchandise, or services described in the statement of account attached as Exhibit [exhibit number/letter].
Answer:
that Defendant received the goods, wares, merchandise, or services described in the invoice referred to in request number 1.
Answer:
that Defendant accepted the goods, wares, merchandise, or services delivered by Plaintiff and referred to in request number 1.
Answer:
that the goods, wares, merchandise, or services referred to in request number 1. were delivered to Defendant by Plaintiff in the quantities shown on the attached Exhibit [exhibit number/letter].
Answer:
that the price[s] charged for the goods, wares, merchandise, or services referred to in request number 1. [was/were] the price[s] agreed to by Defendant.
Answer:
that the balance shown on the invoices referred to in request number 1. represents the value of the goods, wares, merchandise, or services delivered to Defendant by Plaintiff.
Answer:
that the prices charged for the goods, wares, merchandise, or services referred to in request number 1. were the usual and customary prices therefor at the time when delivered and in the county where delivered.
Answer:
that the principal amount due to Plaintiff from Defendant for the goods, wares, merchandise, or services referred to in request number 1. was $[amount] as of the date of filing of Plaintiff’s original petition.
Answer:
that except for any credits or payments shown on the attached Exhibit [exhibit number/letter], Defendant has failed to pay the amount due Plaintiff on the account that is the subject of this suit.
Answer:
that on [date], Plaintiff presented to Defendant a claim for payment of the outstanding balance referred to in request number 9.
Answer:
that the goods, wares, merchandise, or services received by Defendant from Plaintiff conform to all representations and warranties made, if any.
Answer:
that the goods, wares, merchandise, or services referred to in request number 1. were never rejected, disputed, or returned by Defendant.
Answer:
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Attach exhibit(s). |