Gaines v. Hamman

ASSOCIATE JUSTICE NORVELL

delivered the opinion of the Court.

The Court of Civil Appeals affirmed a summary judgment rendered in favor of the defendant Blake Hamman and against the plaintiff Leon Gaines, 346 S.W. 2d 186. Being of the opinion, since confirmed by a plenary examination of the record, that the decision of the Court of Civil Appeals is contrary to the decisions of this Court in Fitz-Gerald v. Hull, 150 Texas 39, 237 S.W. 2d 256 and Omohundro v. Matthews, 161 Texas 367, 341 S.W. 2d 401, we granted writ of error and now reverse the judgments of the trial court and the Court of Civil…