Rodriguez v. Globe Discount City, Inc.

PEDEN, Justice.

Appeal from the granting of a motion for summary judgment in favor of defendants. The motion was based on the alleged failure of the plaintiffs to name and prosecute this suit against the correct defendant.

Plaintiffs’ original petition, filed on August 16, 1968, complained only of Globe Discount City, Inc., concerning events alleged to have occurred on August 17, 1967 at its store at 5320 North Shepherd St. in Houston. This petition has not been amended.

On September 11, 1968, a verified pleading was filed in this cause under the cap*284tion “Paul Rodriguez and Trissy M. Rodriguez…