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STIM-O-STAM ENTERPRISES, INC. v. FIRST STATE BANK ABILENE

No. 3908.

385 S.W.2d 622 (1964)

STIM-O-STAM ENTERPRISES, INC., Appellant, v. The FIRST STATE BANK, ABILENE, Texas, Appellee.

Court of Civil Appeals of Texas, Eastland.

October 9, 1964.

Attorney(s) appearing for the Case

McMahon, Smart, Sprain, Wilson & Camp and J. M. Lee, Abilene, for appellant.

Smith & Erwin and Frank Smith, Abilene, for appellee.

WALTER, Justice.

Stim-O-Stam Enterprises, Inc., filed suit against The First State Bank, Abilene, Texas, on a $2,000.00 check executed by W. E. McCook drawn on said bank and payable to Stim-O-Stam. The bank's motion for summary judgment was granted and Stim-O-Stam has appealed.

In its motion for summary judgment, the bank pleaded res judicata and limitations.

It also pleaded there was a fatal variance in the pleadings and the proof in that the check...

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