Legal Opinion

Green MacHinery Company v. Smithee

Court of Appeals of Texas

Decided July 12, 1971No. 8149PublishedCited by 1 opinion

1Opinion of the Court

JOY, Justice.

This action involves a suit upon an open account brought against the estate of the deceased W. A. Smithee by Green Machinery Company, Inc. Summary judgment was granted against plaintiff below and hence this appeal.

Affirmed.

Appellant in its petition alleged it had sold goods and services to the deceased in August and September of 1967. Upon the death of W. A. Smithee, the widow qualified as temporary administratrix of the estate on March 20, 1968. On May 27, 1968, appellant mailed its claim to appellee’s attorney. On May 28, the claim was presented to the appellee administratrix,…

2Cases cited3 opinions

  1. Russell v. DobbsTexas Supreme Court · 1962
  2. Childre v. ChildreCourt of Appeals of Texas · 1967
  3. Stamps v. VarelasCourt of Appeals of Texas · 1958

3Cited by1 opinion

  1. Albiar v. ArguelloCourt of Appeals of Texas · 1980

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