Price v. Couch

462 S.W.2d 556 (1970)

Nabers PRICE, Jr., Petitioner,

v.

O. Dean COUCH, Jr., Respondent.

No. B-1945.

Supreme Court of Texas.

November 18, 1970.

Voorhees, Momberger & Ramsey, J. R. Ramsey, Houston, for petitioner.

Funderburk & Funderburk, Larry Funderburk, Houston, for respondent.

SMITH, Justice.

This suit was filed by Motors Insurance Company, the real party in interest, against O. Dean Couch, Jr. The trial court granted Couch's motion for summary judgment and the Court of Civil Appeals, at 448 S.W. 2d 862, has affirmed. We reverse and remand for trial.

The essential facts of this case are set out below…