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GILLETT v. ACHTERBERG

No. A-7323.

325 S.W.2d 384 (1959)

Sam B. GILLETT, Jr., Petitioner, v. John F. ACHTERBERG, an Individual D/B/A The Jno. F. Achterberg Company, Respondent.

Supreme Court of Texas.

Rehearing Denied July 22, 1959.

Attorney(s) appearing for the Case

Andress, Lipscomb, Peticolas & Fisk, El Paso, for petitioner.

Edwards, Belk, Hunter & Kerr, El Paso, for respondent.

PER CURIAM.

The trial court granted petitioner's motion for summary judgment, but the Court of Civil Appeals reversed and remanded the cause for a trial on the merits. 322 S.W.2d 306. As we read the opinion of the Court of Civil Appeals, it held: (1) that whether or not petitioner acted in good faith in disposing of the business is a material question of fact which was placed in issue by the pleadings and affidavits, and (2) that...

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