Schell v. Centex Materials Company

HUGHES, Justice.

We, on our own motion, have concluded that a single final judgment has not been rendered by the trial court, absent which we are without jurisdiction. Rule 301, T.R.C.P., Art. 2249, V.T.C.S. Thomas v. Shult, 436 S.W.2d 194, Tex.Civ.App., Houston (1st) no writ (1968).

Appellant, C. J. Schell, sued Travis Materials Company, a division of Centex Materials Company, Inc. and Centex for damages for breach of contract. Centex answered and filed a cross action against appellant.1 Centex also filed a motion for summary judgment as to appellant’s suit against it. This summary judgment…