Weary v. Baylor University Hospital

McDONALD, Chief Justice.

Dr. W. B. Weary, plaintiff (appellant), brought this suit against Baylor University Hospital, defendant (appellee), alleging that Baylor had breached a written contract in failing to reappoint him to its Medical Staff. Dr. Weary sought a mandatory injunction to restore him to the Staff, and damages.

Both parties filed motions for summary judgment, asserting absence of any material fact issues. (Plaintiff’s motion was limited to the issue of liability, while defendant’s motion was unlimited.)

The Trial Court granted defendant’s motion for summary judgment, overruled…