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BARTEX, INC. v. NAPPER

No. 18047.

492 S.W.2d 285 (1973)

BARTEX, INC., a corporation, Appellant, v. Kenneth D. NAPPER and George Allen Napper, et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

March 8, 1973.

Attorney(s) appearing for the Case

Paul Thorp, Matthews & Thorp, Dallas, for appellant.

H. G. Hurlbut, Dallas, for appellees.

BATEMAN, Justice.

Bartex, Inc. appeals from a summary judgment quashing writs of garnishment issued in connection with and ancillary to its main suit against the appellees to recover damages for breach of contract and to recover for certain debts alleged to be owing by appellees. Our question is whether appellees carried their burden of showing that the suit was not for a liquidated debt but was for damages which were unliquidated. We answer this question in the affirmative...

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