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GREEN MACHINERY COMPANY v. SMITHEE

No. 8149.

474 S.W.2d 279 (1971)

GREEN MACHINERY COMPANY, Inc., Appellant, v. Mary Charlotte SMITHEE, Administratrix of the Estate of W. A. Smithee, Appellee.

Court of Civil Appeals of Texas, Amarillo.

July 12, 1971.

Attorney(s) appearing for the Case

Morehead, Sharp, Tisdel & Gibbins, John F. Morehead, Plainview, for appellant.

Robert E. Montgomery, Memphis, for appellee.

JOY, Justice.

This action involves a suit upon an open account brought against the estate of the deceased W. A. Smithee by Green Machinery Company, Inc. Summary judgment was granted against plaintiff below and hence this appeal.

Affirmed.

Appellant in its petition alleged it had sold goods and services to the deceased in August and September of 1967. Upon the death of W. A. Smithee, the widow qualified as temporary administratrix of the estate on March...

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