Jenkins v. Henry C. Beck Company

449 S.W.2d 454 (1969)

Lenox JENKINS, Petitioner,

v.

HENRY C. BECK COMPANY, Respondent.

No. B-1585.

Supreme Court of Texas.

November 26, 1969.

Dissenting Opinion and Rehearing Denied January 28, 1970.

Christopher M. Weil, Robert L. Berry and Ronald A. Dubner, Dallas, for petitioner.

Locke, Purnell, Boren, Laney & Neely, Larry M. Lesh, Dallas, for respondent.

STEAKLEY, Justice.

The problem here is one of accord and satisfaction in the context of a summary judgment. We disagree with the Court of Civil Appeals, 440 S.W.2d 85, that such was shown as a matter of law.

Petitioner, Lenox Jenkins, plaintiff below,…