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AMERICAN HOME FENCE COMPANY v. HIMES

No. 17.

374 S.W.2d 777 (1964)

AMERICAN HOME FENCE COMPANY, Appellant, v. Bart H. HIMES and Erman G. Tate, d/b/a Himes & Tate Redwood Supply, Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 30, 1964.

Attorney(s) appearing for the Case

W. B. Pope, Dallas, for appellant.

Neil Brans, Brans & Berryman, Dallas, for appellees.

MOORE, Justice.

This is an appeal from a summary judgment. Designating the parties as they appeared in the court below, plaintiffs, Himes and Tate, d/b/a Himes and Tate Redwood Supply, filed suit against American Home Fence Company, seeking to recover the sum of $1,780.33, which they allege to be the balance due upon an account with the defendant for the sale and delivery of various items of wares and merchandise according to their itemized invoices. They also sought...

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