Kinnard v. Circle K Stores, Inc.

OPINION

RICKHOFF, Justice.

In this case of first impression in Texas, Harold and Rebecca Kinnard appeal from a summary judgment granted in favor of Circle K Stores, Inc. (“Circle K”) on their claim that Circle K breached its duty to them to sell lottery tickets in conformity with their instructions. We affirm.

FACTS

Rebecca Kinnard bought tickets for the January 2, 1993 Lotto Texas drawing1 at a San Antonio Circle K store. Ms. Kinnard stated in her deposition that she did not double-check her tickets at the time because there was a long line of customers behind her. The Kinnards contend one of…