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ENGLISH v. SMITH FOOD STORES

No. 15716.

289 S.W.2d 792 (1956)

R. B. ENGLISH et al., Appellants, v. SMITH FOOD STORES, Inc., et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 11, 1956.

Attorney(s) appearing for the Case

J. B. Sallas, Crockett, for appellants.

Adams & Price and Tod R. Adams, Crockett, for appellees, Smith Food Stores, Inc. and Childs Properties, Inc.

Kennedy & Granberry, and F. P. Granberry, Crockett, for appellees, Tom M. Moore and New Amsterdam Casualty Company.

RENFRO, Justice.

This case originated in the Justice Court. Upon appeal to the County Court, summary judgment was entered for the plaintiff, from which this appeal was taken.

Plaintiff, Smith Food Stores, Inc., alleged it issued its check, drawn on First National Bank, Jacksonville, Texas, "and payable to the Tax Assessor and Collector, Houston County, Texas, R. B. English in the sum of $329.70, being the total of taxes due the State and County of Houston...

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