Winter v. Cox

HOUSTON, Justice.

Douglas Cox sued Kenneth Winter, seeking damages based upon theories of open account, work and labor done, and breach of contract. Thereafter, Mr. Cox died. At some point prior to March 3, 1986, the phrase “Suggestion of Death of Plaintiff” was handwritten on the case action summary sheet. There is no evidence as to who did this, when it was done, or why it was done. No other “suggestion of death” was filed, and there was no evidence that a copy of the case action summary sheet was served on the parties. On August 14,1987, Betty Cox, Mr. Cox’s widow and the executrix of his…