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HENGER v. COTTON

No. A-6866.

316 S.W.2d 719 (1958)

W. C. HENGER, d/b/a Henger Construction Company, Petitioner, v. Maude Rhody COTTON et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 29, 1958.

Attorney(s) appearing for the Case

Allen Wight, Touchstone, Bernays & Johnston, Dallas, for petitioner.

Robertson, Jackson, Payne, Lancaster & Walker, Dallas, for Baker Hotel of Dallas, Inc.

Burford, Ryburn & Ford, Dallas, by Logan Ford and Clarence A. Guittard, Dallas, for Maude Rhody Cotton.

PER CURIAM.

This is a case in which a summary judgment was rendered by the trial court in favor of petitioner. On appeal, the Court of Civil Appeals reversed and remanded this summary judgment. 312 S.W.2d 299. We agree that the rendition of the summary judgment in favor of petitioner was error.

The Court of Civil Appeals affirmed the judgment in favor of Baker Hotel of Dallas, Inc. on petitioner's cross-action against it...

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