Andrews v. Austin Motor Truck Co.

HUGHES, Justice.

T. A. Andrews, appellant, sued Austin Motor Truck Company, Inc., for damages alleged to have resulted from a false representation made by its agents in selling appellant a G. M. C. truck and for rescission of the contract of sale. The alleged misrepresentation was that the truck was a 1952 model.

Appellee answered by filing numerous special exceptions, a general denial and a cross action.

Following the filing of this answer and cross action and without any intervening action by the court on the exceptions ap-pellee filed a motion for summary judgment. This motion called the…