Austin Shoe Stores v. Elizabeth Co.

OPINION

JAMES, Justice.

This is an appeal from a summary judgment. We reverse and remand.

Plaintiff-Appellant Austin Shoe Stores, Inc., brought this suit against Defendant-Appellees The Elizabeth Company, Inc., Ridgway Management Corporation and I. Boyd Ridgway for reimbursement of rents in the amount of $3089.48 plus reasonable attorneys’ fees. All parties filed motions for summary judgment. The trial court entered summary judgment in favor of all three Defendants that Plaintiff take nothing, from which Plaintiff appeals.

Plaintiff’s pleadings allege in effect substantially the following: That…