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PEREZ v. HERNANDEZ

No. 13380.

317 S.W.2d 81 (1958)

Jesus R. PEREZ, as Next Friend of Pete Perez, a Minor, Appellant, v. David HERNANDEZ, d/b/a Dave's Used Cars, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 26, 1958.

Attorney(s) appearing for the Case

Trueheart, McMillan, Russell & Westbrook, San Antonio, for appellant.

Shelton & Haight, San Antonio, for appellee.

BARROW, Justice.

This suit was filed by Jesus R. Perez, as next friend of Pete Perez, a minor, against David Hernandez, d/b/a Dave's Used Cars, for damages for personal injuries. The defendant answered and thereafter the deposition of Pete Perez was taken, after which defendant filed his motion for summary judgment, based upon the pleadings, the deposition of Perez, and the affidavits of himself and two of his employees. The plaintiff filed no controverting affidavit...

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