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KEMP v. RANKIN

No. 8616.

530 S.W.2d 324 (1975)

Tommy KEMP, Appellant, v. Ethel RANKIN, Appellee.

Court of Civil Appeals of Texas, Amarillo.

November 10, 1975.

Attorney(s) appearing for the Case

Cowsert, Bybee, Line & Hoelscher (Ray Cowsert), Hereford, for appellant.

Shuval & Saul (Andrew J. Shuval), Hereford, for appellee.

REYNOLDS, Justice.

Posed by this appeal is the question whether the defendant employer is entitled to special issues submitting his pleaded contention that the salary payable under an oral contract of employment is different from that alleged by the plaintiff employee. Because defendant's issues merely inferentially rebut the controlling issue upon which plaintiff had the burden of persuasion, the trial court correctly...

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