MITCHELL v. JONES

No. A14-84-714CV.

694 S.W.2d 61 (1985)

Garlan E. MITCHELL, Appellant, v. Seward JONES, DBA Frenchy's or Frenchman's Wrecking Yard, Appellee.

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

March 21, 1985.


Attorney(s) appearing for the Case

Larry Killion, Houston, for appellant.

Thomas L. Ewing, Wallis & Pruitt, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.


OPINION

SEARS, Justice.

This is an appeal from a summary judgment granted in favor of the appellee on grounds that appellant's cause of action under breach of oral contract is barred by the Statute of Frauds and Statute of Limitations, and his suit under the Texas Deceptive Trade Practices Act is barred by the Statute of Limitations. We reverse and remand. Appellee failed to meet his burden of proving that no genuine issue of material fact exists and that...

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