Gulf, Colorado & Santa Fe Railway Company v. G. C. McBride

Summary

The Texas Supreme Court affirmed the trial court's summary judgment for McBride, holding that the affirmative defenses of laches and estoppel were not supported by evidence and therefore did not create a genuine issue of material fact. The Court rejected the rehearing petition and noted that laches must be pleaded and proven, which McBride failed to do. Justice Smith dissented, arguing the Court lacked jurisdiction and that the laches defense should be tried.