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T.K. BUILDERS, INC. v. EXCHANGE BANK OF CENTRAL FLA.

No. 74-1335.

320 So.2d 39 (1975)

T.K. BUILDERS, INC., a Florida Corporation, Appellant, v. EXCHANGE BANK OF CENTRAL FLORIDA, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

October 15, 1975.

Attorney(s) appearing for the Case

Dale B. Willingham of Nettleton & Willingham, Haines City, for appellant.

R. Scott Bunn of Straughn, Sharit, Bunn & Chilton, Winter Haven, for appellee.

McNULTY, Chief Judge.

Appellant, T.K. Builders, Inc., appeals from an adverse summary judgment. We reverse.

The facts established by or inferred from depositions filed on behalf of appellant, which must be taken as true in the present posture of the case, are these. On October 24, 1973, D.D. Taylor and Clarence Kelly opened an account with appellee bank in the name of T.K. Builders. Prior thereto Taylor had talked with the bank president telling him the account...

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