Rutherford v. Whataburger, Inc.

AKIN, Justice.

This litigation was instituted by a dissatisfied winner of a promotional contest, when the defendants did not deliver the prize that they had promised. A partial summary judgment was rendered that plaintiff had no cause of action under the Deceptive Trade Practices Act and that plaintiff was not entitled to attorney’s fees under Tex.Rev.Civ.Stat.Ann. art. 2226 (Vernon Supp.1980) on his theory of recovery under an oral contract. Plaintiff obtained a severance as to these two rulings and appealed although the remainder of plaintiff's cause of action is still pending in the trial…