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REPUBLIC HEATER CO. v. FIRST-WICHITA NAT. BANK

No. 17173.

465 S.W.2d 395 (1971)

REPUBLIC HEATER COMPANY, a Division of Briggs Manufacturing Company, Appellant, v. FIRST-WICHITA NATIONAL BANK OF WICHITA FALLS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 9, 1971.

Attorney(s) appearing for the Case

Irion, Cain, Magee & Davis, Don W. Davis, and Tedford E. Kimbell, Dallas, for appellant.

Nelson Montgomery & Robertson, and Charles B. Russell, Wichita Falls, for appellee.

OPINION

BREWSTER, Justice.

This is an appeal from a summary judgment rendered in favor of the defendant, The First-Wichita National Bank of Wichita Falls, decreeing that the plaintiff, Republic Heater Company, take nothing from the defendant Bank.

The plaintiff had sued one Ken Solesbee for $7,780.00 which was the price of 200 hot water heaters that plaintiff had sold to Solesbee.

In that same petition (paragraphs 6 and 7) plaintiff had alleged...

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