McPherson v. Stovall

HALL, Justice.

Appellant McPherson brought this suit against appellee Stovall on an oral contract for payment of money. Stovall interposed pleas of limitations, collateral estoppel and res judicata. Summary judgment was rendered that McPherson take nothing. We reverse the judgment.

To establish his right to the summary judgment, Stovall had the burden of showing that no material fact issues existed in the case and that he was entitled to judgment as a matter of law. Town North Nat. Bank v. Broaddus, (Tex. 1978) 569 S.W.2d 489, 494.

There is no factual dispute in the summary judgment record. In…