T. K. Builders, Inc. v. Exchange Bank of Central Florida

McNULTY, Chief Judge..

Appellant, T. K. Builders, Inc., appeals from an adverse summary judgment. We reverse.

The facts established by or inferred from depositions filed on behalf of appellant, which must be taken as true in the present posture of the case, are these. On October 24, 1973, D. D. Taylor and Clarence Kelly opened an account with appellee bank in the name of T. K. Builders. Prior thereto Taylor had talked with the bank president telling him the account would be a corporate and not a personal account. The account was given the number of 008796 which denotes a commercial account (the…