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SANTEE PORT. CEMENT CORP. v. MID-STATE REDI-MIX CONCRETE CO. INC.

21080

273 S.C. 784 (1979)

260 S.E.2d 178

SANTEE PORTLAND CEMENT CORPORATION, Appellant, v. MID-STATE REDI-MIX CONCRETE CO., INC., and Dorothy Y. Johnson, Respondents.

Supreme Court of South Carolina.

November 7, 1979.

Attorney(s) appearing for the Case

John F. Shuler and Fred R. Fanning, Jr. of Bryant, Fanning & Yarborough, Orangeburg, for appellant.

W. Rhett Eleazer, Columbia, for respondents.

November 7, 1979.

NESS, Justice:

This appeal is from an order vacating a summary judgment in favor of appellant Santee Portland Cement Corporation on an account and promissory note. We affirm.

Beginning in 1975, Santee delivered substantial quantities of cement on open account to respondent Mid-State Redi-Mix Concrete Company, Inc. Respondent Johnson became the sole stockholder of Mid-State when her husband died in 1976, and in order to satisfy the...

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