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ASHLAND OIL & REFINING COMPANY v. PHILLIPS

404 S.W.2d 449 (1966)

ASHLAND OIL & REFINING COMPANY, Inc., Appellant, v. C. W. PHILLIPS, Appellee.

Court of Appeals of Kentucky.

June 24, 1966.

Attorney(s) appearing for the Case

James G. Begley, Donald D. Harkins, Danville, for appellant.

Robert M. Spragens, Lebanon, for appellee.

DAVIS, Commissioner.

Ashland Oil & Refining Company, appellant, sued appellee on an account for merchandise, alleging a balance due of $2,230.71. The trial judge dismissed the complaint on the ground that the pleadings, a deposition, answers to interrogatories and admissions reflected that the "account owed by the defendant to plaintiff has been fully paid." We sustained a motion for appeal, KRS 21.080. Appellant concedes...

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