WARD v. STROUD

No. 3222.

274 S.W.2d 136 (1954)

Dessie E. WARD et vir., Appellants, v. A. E. STROUD et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 13, 1955.


Attorney(s) appearing for the Case

J. S. Simkins, Corsicana, for appellants.

H. L. Williford, Hugh D. Reed, Jr., Fairfield, for appellees.


TIREY, Justice.

Appellants (plaintiffs below) have perfected their appeal from a summary judgment rendered against them and in behalf of appellees. The judgment is assailed on one point, which is substantially: The trial court committed error in granting appellees' motion for summary judgment because the pleadings of appellants tendered an issue of fact for the jury's determination.

Appellees' reply is to the effect that the trial court did not error in granting...

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