Dunbar v. Fuller

ARCHER, Chief Justice.

Plaintiff filed this suit against defendant alleging that defendant had breached an alleged contract duty to convey an overriding royalty interest to plaintiff and praying for specific performance. Defendant denied such breach. Impossibility of performance was alleged as an additional defense. Plaintiff filed a Motion for Summary Judgment under Rule 166-A Texas Rules of Civil Procedure. Defendant filed a contest to said motion and also his own Motion for Summary Judgment. Thus each party contended that he was entitled to judgment as a matter of law, there being no…