SCHEPPS v. AMERICAN DISTRICT TELEGRAPH CO. OF TEXAS

No. 15008.

286 S.W.2d 684 (1955)

A. G. SCHEPPS, d/b/a Schepps Grocery Supply, Appellant, v. AMERICAN DISTRICT TELEGRAPH CO. OF TEXAS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 13, 1956.


Attorney(s) appearing for the Case

Burt Barr and J. Lee Zumwalt, Dallas, for appellant.

John W. Miller, and Turner, Rodgers, Winn, Scurlock & Terry, Dallas, for appellee.


YOUNG, Justice.

Plaintiff-appellant's tort action against appellee charging breach of an alleged contract to indemnify him against loss through burglary, was challenged by defendant in this summary proceedings, pursuant to Texas Rules of Civil Procedure, Rule 166-A, "Summary Judgment." Defendant's motion therefor was supported by affidavit of its Chief Clerk and oral depositions of plaintiff and his store manager, Julius Schepps; plaintiff making detailed but unsworn...

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