Moore Steel, Inc. v. Clear Lite Window Co.

YARRUT, Judge.

This is a suit on two promissory notes, to-talling $10,086.09, payable to Plaintiff, executed and signed by Defendant partnership and the individual partners, as payment for *377building material purchased from Plaintiff, to be delivered later from Plaintiff’s warehouse, where it was stored, under the custody and control of Plaintiff.

Defendant’s representatives called at the warehouse at various times for the merchandise and, on each occasion were required to give receipts to Plaintiff for the building material delivered. Neither Defendant nor any of its employees had a key to the…