PINCKARD v. ASSOCIATED POPCORN DISTRIBUTORS

No. 20480.

611 S.W.2d 491 (1981)

Tom C. PINCKARD, Appellant, v. ASSOCIATED POPCORN DISTRIBUTORS, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

January 16, 1981.


Attorney(s) appearing for the Case

Larry Z. Sechrist, Dallas, for appellant.

Michael J. Collins, Burke & Johnson, Dallas, for appellee.

Before CARVER, STOREY and STEPHENS, JJ.


STEPHENS, Justice.

This case arises from a judgment of dismissal entered by the trial court pursuant to a plea in abatement. The principal question submitted is whether under the facts of this case, abatement is available. We conclude that it is not and, accordingly, reverse and remand.

On December 18, 1979, Tom C. Pinckard sued Associated Popcorn Distributors, Inc. in a county court at law on a sworn account alleging an unpaid obligation of $2,596.83. Associated...

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