Marshall v. Vise

DOGGETT, Justice.

This appeal presents the issue of whether a party’s failure to object at trial to testimony contrary to an opponent’s deemed admissions waives the effect of those admissions. Ted Vise sued J. Howard Marshall, II for tortious interference with a business contract. The trial court rendered a take-nothing judgment. The court of appeals, relying on Marshall’s deemed admissions, reversed the trial court’s judgment and rendered judgment in favor of Vise. 751 S.W.2d 216 (Tex.App.1988). We reverse the judgment of the court of appeals.

In the course of discovery, Vise submitted a…