VANDERBURG v. DRAKE

No. 4753.

518 S.W.2d 285 (1974)

Freta M. VANDERBURG et al., Appellants, v. R. F. DRAKE, Appellee.

Court of Civil Appeals of Texas, Eastland.

December 13, 1974.


Attorney(s) appearing for the Case

Randy Taylor, Dallas, for appellants.

Eric Eades, Jr., Eades & Eades, Dallas, for appellee.


RALEIGH BROWN, Justice.

We withdraw our opinion and judgment of November 22, 1974, and substitute this opinion therefor.

This is a summary judgment case. Freta M. Vanderburg and James R. Vanderburg, husband and wife, sued R. F. Drake seeking damages for personal injuries sustained by Freta Vanderburg when a chair on which she sat collapsed. At the time Mrs. Vanderburg was the social guest of Peggy Key in an apartment owned by Drake. The trial court granted...

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