American Fiber Glass, Inc. v. General Electric Credit Corporation, 529 S.W.2d 298 (Tex.Civ.App. Fort Worth 1975, writ ref'd n. r. e.); American Petrofina Company of Texas v. Bryan, 519 S.W.2d 484 (Tex.Civ.App. El Paso 1975, no writ); VanHuss v. Buchannan, 508 S.W.2d 412 (Tex.Civ.App. Fort Worth 1974, writ dism'd). In Safway Scaffolds Company of Houston v. Sharpstown Realty Company, 409 S.W.2d 883 (Tex.Civ.App. Waco 1966, no writ), the court said: " * * * In the absence of a verified denial of the execution by defendants or by their authority of the written instruments upon which the pleading is founded, under Rule 93(h), Texas Rules of Civil Procedure, the instruments were received in evidence as fully proved.

Almar-York Company, Inc. v. Ft. Worth National Bank, Tex.Civ.App. (1964) 374 S.W.2d 940, w.r., n.r.e. The lease agreement being offered in evidence shows the execution thereof, although it admitted such fact. Newbern v. Spiro, Tex.Civ.App. (1965) 387 S.W.2d 769, n.w.h. Safway Scaffolds Company of Houston v. Sharpstown Realty Company, Tex.Civ.App. (1966) 409 S.W.2d 883, n.w.h.; Underwood et al. v. Kazmeier Hatchery, Inc., Tex.Civ.App. (1968) 435 S.W.2d 258. Therefore, Sec. 5 of Article 1995 V.A.T.C.S. is applicable to the case at bar.

In a closely related point of error appellant further contends that the trial court erred in granting the motion for summary judgment because the appellee failed to establish the Existence of the written contract in issue. Appellee responds that Rule 93(h), Texas Rules of Civil Procedure, provides the appropriate method for questioning such existence, citing Safway Scaffolds Co. of Houston v. Sharpstown Realty Co., Tex.Civ.App., 409 S.W.2d 883, no writ hist. Rule 93(h) requires that a pleading shall be verified by affidavit which denies the Execution of an instrument in writing; it contains no reference to the Existence of the instrument. Denial of execution of an instrument is far removed from denial of its existence.

By the provisions of Rule 93(h) the instrument was 'fully proved', since its execution was not denied under oath. Safway Scaffolds Company of Houston v. Sharpstown Realty Company, Tex.Civ.App., 409 S.W.2d 883; American Insurance Company v. Parker, Tex.Civ.App., 415 S.W.2d 449. Appellant says plaintiff only mentioned written 'contract' in the controverting plea, not in the petition.