Totman v. Control Data Corp.

OPINION ON MOTION FOR REHEARING

FENDER, Chief Justice.

In appellees’ Motion for Rehearing they contend that this court correctly affirmed the summary judgment concerning the contract cause of action but incorrectly reversed concerning the fraudulent inducement cause of action. Appellees contend that appellant did not assign a point of error regarding the granting of the summary judgment concerning the fraudulent inducement cause of action. We are now convinced that appellees are correct and that our partial reversal was based on unassigned error. See El Paso Environ. Systems v. Filtronics, 609…