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BUNNETT/SMALLWOOD & CO. v. HELTON OIL CO.

No. 8905.

577 S.W.2d 291 (1978)

BUNNETT/SMALLWOOD & COMPANY, Appellant, v. HELTON OIL COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Granted January 22, 1979.

Attorney(s) appearing for the Case

Gibson, Ochsner & Adkins (Herman Jesko), Amarillo, for appellant.

Aldridge, Harding, Aycock & Actkinson (Charles F. Aycock), Farwell, for appellee.

ROBINSON, Chief Justice.

In a suit on a sworn account, the trial court held that Bunnett/Smallwood & Company was primarily liable for the debt of Monty Corbin to Helton Oil Company on the theory that Helton Oil was a third party beneficiary of Bunnett/Smallwood's contract for the purchase of Corbin Trailer Sales. Bunnett/Smallwood appeals. Reversed and remanded.

Monty Corbin owned Corbin Trailer Sales and Corbin Trucking. Both businesses were heavily in...

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