Trevino v. Central Freight Lines, Inc.

Central Freight Lines, Inc. (Central) (plaintiff) sued J. Trevino (defendant), d/b/a Academy Surplus No. 5 (Academy Surplus), for failing to pay for goods ordered and received. Prior to trial, Central made 18 requests for admission from Trevino. The requests asked Trevino to admit, inter alia, (1) that Trevino was the sole owner and operator of Academy Surplus, (2) that on September 28, 1976, Trevino authorized Bill Brooks to make purchases from Central on behalf of Academy Surplus, (3) that Brooks ordered goods from Central on that same date, and (4) that Brooks’s check to Central upon delivery of the goods was not paid on account of insufficient funds. Trevino did not respond to the requests for admission. Just before the trial was to begin, Trevino sought an extension of time to submit answers to Central’s requests for admission. Trevino stated that he had provided handwritten answers to his attorney but that his attorney had failed to respond as required. Trevino objected, in particular, to the requests for admission that focused solely on the actions of Brooks, contending that he lacked personal knowledge to respond to those requests. The trial court denied Trevino’s motion for an extension and ruled that Central’s requests for admission were “deemed admitted.” Judgment was entered in Central’s favor after a nonjury trial. Trevino appealed the denial of his motion for an extension and the deemed admission of Central’s requests for admission.