Trevino v. Central Freight Lines, Inc.
Texas Court of Appeals
613 S.W.2d 356 (1981)
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.
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.