Henger v. Cotton

This is a case in which a summary judgment' was rendered by the trial court in favor of petitioner. On appeal, the Court of Civil Appeals reversed and remanded this summary judgment. 312 S.W. 2d 299. We agree that the rendition of the summary judgment in favor of petitioner was error.

The Court of Civil Appeals affirmed the judgment in favor of Baker Hotel of Dallas, Inc. on petitioner’s cross-action against it. In this we hold the Court of Civil Appeals was in error. The whole cause should be reversed. Petitioner is entitled to the right to try his cross-action against the Hotel Company in…