DiFRANCESCO v. HOUSTON GENERAL INS. CO.

No. 06-93-00014-CV.

858 S.W.2d 595 (1993)

John DiFRANCESCO and DSS Partnership d/b/a DS & S Farms, Appellants, v. HOUSTON GENERAL INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Denied August 3, 1993.


Attorney(s) appearing for the Case

David W. Knight, Cotton, Knight & Baker, Wichita Falls, for appellants.

William Cornelius, Wilson, Sheehy, Knowles, Robertson, Cornelius, Tyler, for appellee.

Before BLEIL, GRANT and CHADICK, JJ., and T.C. CHADICK, Justice, Supreme Court of Texas, Retired, Sitting by Assignment.


OPINION

CHADICK, Justice.

An insurer, Houston General Insurance Company, as plaintiff, filed a declaratory judgment action followed by motion for summary judgment naming an insured, John DiFrancesco and DSS Partnership d/b/a DS & S Farms, as defendants. The partnership answered by general and specific denial, a counterclaim for reformation grounded upon mutual mistake and for general relief.

The controversy is the result of the parties' conflicting...

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