BOWSER v. COCA-COLA COMPANY

No. 959.

509 S.W.2d 688 (1974)

Palmer BOWSER et al., Appellants, v. The COCA-COLA COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 15, 1974.


Attorney(s) appearing for the Case

Robert E. Newey, Dazey & Newey, Houston, for appellants.

Jon D. Totz, Ronnie Horsley, Daniel S. Trachtenberg, Lapin, Totz & Mayer, Houston, for appellee.


COULSON, Justice.

This is an appeal from a summary judgment against appellants Palmer Bowser, Jr., and Augusta J. Foster, Jr., individually and d/b/a B & F Food Center, a partnership, defendants below, and for appellee, the Coca-Cola Company. Suit was brought on a sworn account for $2,002 plus attorney's fees.

Appellants were allegedly served by substituted service under Rule 106, Texas Rules of Civil Procedure, at their place of business. They filed a...

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