Hollingsworth v. SEARS, ROEBUCK & COMPANY

HUGHES, Justice.

This suit was brought by Lura Barbara Hollingsworth, appellant, against Sears, Roebuck and Company for damages resulting from fraudulent representations allegedly made by appellee’s employees by which she was induced to buy from it and use certain plastic bathroom tile.

Prior to a trial on the merits appellee moved the court to enter an order prohibiting appellant “from presenting her grounds for relief in this suit.”

The motion was made under Rule 202, 1 which provides, in part, that in taking the oral depositions of a party to a suit that if the witness (party) “fails to…