Price v. Couch

*557SMITH, Justice.

This suit was filed by Motors Insurance Company, the real party in interest, against O. Dean Couch, Jr. The trial court granted Couch’s motion for summary judgment and the Court of Civil Appeals, at 448 S.W. 2d 862, has affirmed. We reverse and remand for trial.

The essential facts of this case are set out below in chronological order:

June 1, 1967

Nabers Price, Jr., and O. Dean Couch, Jr., were involved in a traffic collision.

July 12, 1967

Price’s insurer, Motors Insurance Company, notified Couch’s insurer that Motors had paid Price $940.12 under the property damage coverage in…