Sam Kane Beef Processors, Inc. v. Manning

OPINION

NYE, Chief Justice.

This is an appeal from an order denying defendant’s plea of privilege in a suit filed in June of 1979. The suit was brought by the plaintiff under the Deceptive Trade Practice Act. Plaintiff alleged that the meat purchased from the defendant had so much moisture in it that it could not be made into hamburger patties, the purpose for which it was purchased.

The defendant appeals, contending in its first point of error that the testimony established beyond a doubt that the sole owner of the business was “Brecken Corp.,” not Larry Manning, d/b/a Wendy’s Old Fashioned…