Botello v. Misener-Collins Co.

KLINGEMAN, Justice.

Appellant, L. P. Botello, appeals from a summary judgment decreeing that a purported contract between appellant and ap-pellee dated June 25, 1968, is void and unenforceable, and that appellant take-nothing against appellee on his action for specific performance and damages.1

*101Appellant’s first point of error is that the trial court erred in sustaining appel-lee’s motion to strike the exhibits attached to appellant’s motion for new trial and to vacate judgment. The hearing on the motion for summary judgment was held on January 5, 1970. On February 18, 1970, the trial judge…