Smith v. Walters

CLAUDE WILLIAMS, Chief Justice.

The question presented by this appeal is the validity vel non of a summary judgment rendered in favor of G. C. Walters, Jr., in his action against E. Duane Smith based upon a written contract. We hold that Walters failed to carry the burden imposed upon him by Rule 166-A, Vernon’s Texas Rules of Civil Procedure, to show by competent summary judgment evidence that he was entitled to judgment as a matter of law. Gibbs v. General Motors Corporation, 450 S.W.2d 827 (Tex.Sup.1970). The judgment is reversed.

On June 1, 1970 Walters and Smith entered into a written…