The Moving Co. v. Whitten

OPINION

DRAUGHN, Justice.

This is an appeal from a denial to set aside a post-answer default judgment and grant a new trial. We reverse and remand.

John and Susie Whitten sued The Moving Company, Accurate Moving & Storage Co., Lowell Douglas, R.H. McCool and Buddy Boek for damages resulting from services performed. The Whittens’ contend that in the course of moving their possessions from Dallas to Houston, appellants damaged and lost much of their home furnishings and personal belongings. In their original petition, the Whittens prayed for relief under two theories of recovery, negligence and…