Johnson v. Walker

OPINION

DAY, Justice.

This is an appeal from the grant of a summary judgment to plaintiff Jimmy Walker, d/b/a American Service Underwriters (hereinafter Walker or appellee). Johnson brings three points of error, alleging that his claim was not barred by the applicable statute of limitations and that he was a “consumer” as that term is defined by the Texas Deceptive Trade Practices Act. We affirm.

In 1984 Johnson began selling insurance for Jimmy Walker’s sole proprietorship pursuant to a General Agent’s Contract executed May 28, 1984 and amended August 1, 1984. This contract provides for Walker…