Brown v. Dr. Michael D. Hoffman & Associates

OPINION

Opinion by Chief Justice LINDA THOMAS.

Henrietta Brown appeals the trial court’s order granting summary judgment to Dr. Michael D. Hoffman & Associates and Dr. Michael D. Hoffman on her claims for breach of contract and sworn account. In two issues, appellant contends appellees failed to conclusively establish either of two affirmative defenses raised as grounds for summary judgment: res judicata or failure of a condition precedent. We agree. We therefore reverse the trial court’s judgment and remand for further proceedings.

Appellees employed appellant from March 1972 until June 1997,…