Robert Randall, Petitioner v. Dallas Power & Light Company, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that conflicting statements in an affidavit and a deposition create a genuine issue of material fact that precludes summary judgment on the release and accord and satisfaction defenses. The Court found the trial court erred in granting summary judgment because the affidavit evidence was not merely a unilateral determination of fact.