Rogers v. Wolfson

ENOCH, Chief Justice.

Dr. S.J. Rogers and Dr. N. Jay Rogers appeal from the district court’s grant of Dr. Jerome Wolfson’s motion for summary judgment. The Rogers sued Wolfson for an accounting and to recover sums of money due and owing under the terms of a written agreement. In six points of error, the Rogers contend that the trial court erred in granting Wolfson’s motion for summary judgment. Agreeing with points three through six, we reverse and remand this case for a trial on the merits.

Facts

The Rogers are optometrists who were formerly owners of Texas State Optical Company (T.S.O.).…