Newsom v. Starkey

AKIN, Justice.

This is an appeal from a summary judgment granted plaintiffs-appellees. Since plaintiffs’ summary-judgment proof and defendant’s deposition establish plaintiffs’ primary cause of action as a matter of law, the principal question on this appeal is whether the defendant has sustained his burden of raising fact issues with respect to his affirmative defenses. Because defendant has not sustained his burden, we affirm.

Jerry Starkey, Ben F. Freeman, and R. L. Taylor sued Rex R. Newsom for breach of a covenant to pay the prior lien note and to recover $36,383.90, previously paid by…