Miller v. Aaron

BATEMAN, Justice.

The appellant W. C. Jack Miller appeals from a summary judgment in favor of ap-pellee George Aaron, upon a promissory note for $10,000, negotiable in form, dated February 8, 1964 and due August 1, 1965. The appellant filed a verified plea of nudum pactum.

By filing his motion for summary judgment under Rule 166-A, Vernon’s Texas Rules of Civil Procedure, appellee assumed the burden of showing the absence of any genuine issue as to any material fact and that he was entitled to judgment as a matter of law, with all conflicts in the evidence being disregarded and the evidence…