WESTERMAN v. POLYGARD, INC.

No. 80-1638.

395 So.2d 641 (1981)

James WESTERMAN and Judy R. Westerman, His Wife, D/B/a Classic Marble, Appellants, v. POLYGARD, INC., Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1981.


Attorney(s) appearing for the Case

Robert F. Welker, Temple Terrace, for appellants.

Michael Sierra of Michael Sierra, P.A., Tampa, for appellee.


PER CURIAM.

Appellants, defendants below, appeal from a summary judgment entered for the plaintiff.

Plaintiff, Polygard, filed a two-count complaint alleging that appellants James and Judy Westerman, husband and wife, were indebted to plaintiff on an open account and an account stated. Appellants contend that their affidavits and depositions raise an issue of material fact relating to the capacity in which the defendants did business with plaintiff at the...

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