ROARK v. STALLWORTH OIL & GAS, INC.

No. 2-89-142-CV.

811 S.W.2d 630 (1990)

Gordon L. ROARK, Jr., Appellant, v. STALLWORTH OIL & GAS, INC., Melissa Swinton Melville, Administratrix with Will Annexed of the Estate of Robert B. Stallworth, Jr.; and Fossil Fuels, Inc., Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 29, 1990.


Attorney(s) appearing for the Case

John P. Ritchie, Ritchie & Ray, Mineral Wells, Carl Barnhart, Weatherford, for appellant.

Talmage Boston, Payne & Vendig, Dallas, for appellees.

Before WEAVER, C.J., and HILL and FARRIS, JJ.


OPINION

FARRIS, Justice.

Gordon L. Roark, Jr., plaintiff in the trial court, appeals a summary judgment in favor of appellees complaining that: (1) the granting of summary judgment because of a want of consideration was improper when that defense was not affirmatively pled; (2) there was summary judgment proof of consideration; (3) summary judgment was improper because there remained disputed material fact issues; and (4) the trial court abused its discretion...

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