"Moore" Burger, Inc. v. Phillips Petroleum Co.

O’QUINN, Justice.

This case is on appeal from a summary judgment, granted on motions of defendants below, that plaintiff take nothing.

The ultimate question is whether the summary judgment proofs conclusively negate at least one of the essential elements of plaintiff’s cause of action. We have decided that question against the plaintiff and will affirm the judgment of the trial court.

The appellant, plaintiff below, is “Moore” Burger, Inc., the corporate successor of “Moore” Burger, a partnership, which began a restaurant business in Austin, on one of the tracts of land involved in this case, in…