Santee Port. Cement Corp. v. Mid-State Redi-Mix Concrete Co. Inc.

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 RediMix Concrete Company, Inc. Respondent Johnson became the sole stockholder of Mid-State when her husband died in 1976, and in order to satisfy the corporation’s indebtedness, she executed a promissory note for $200,000 in favor of Santee.

Santee brought an action on both the account and the note, and obtained a…