A. T. Little v. Employees Security Life Ins. Company Et Al.
1961.TX.40072; 343 S.W.2D 517
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- 0,99 €
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- 0,99 €
Beschreibung des Verlags
This is an appeal from a judgment of the District Court sustaining appellees motion for summary judgment. A. T. Little, appellant, sued Employees Security Life Insurance Company and its successor, Mercantile Security Life Insurance Company, for damages arising from an alleged breach of an employment contract. Appellant seeks a reversal of the trial courts judgment, complaining in his only point, that the trial court erred in "rendering summary judgment, genuine issues of material facts were raised by the pleadings, the exhibits, and depositions on trial." At the outset appellees complain that this point does not comply with Rule 418, Texas Rules of Civil Procedure, in that it is too general. A similar situation was presented to this court in Wyche v. Noah, 1956, 288 S.W.2d 866, 867, n.r.e., in which the complaint was urged concerning the generality of the point of the trial court "overruling appellants motion for summary judgment." Chief Justice Dixon of this Court, in overruling the point, pointed out that while the point may be too general this court will discuss the grounds as we understand them upon which appellant apparently relies to support his appeal, as disclosed in the statements and arguments accompanying his points on appeal. Fambrough v. Wagley, 140 Tex. 577, 169 S.W.2d 478. We overrule appellees objection.