Roberts Fertilizer, Inc. v. Steinmeier

COVINGTON, Judge.

Roberts Fertilizer, Inc., appeals from an order granting Smithville Citizens Bank and Trust Company’s motion for summary judgment in Roberts’ action for payment of one or the other of two checks drawn on the Bank in the amount of $70,500.00. Affirmed.

G. Wayne Steinmeier purchased fertilizer on account from appellant Roberts Fertilizer, Inc. On the 20th day of December, 1984, Mr. Steinmeier entered into a separate agreement with Roberts for payment of his overdue account. As part of that agreement, Steinmeier gave to Roberts a check in the amount of seventy thousand five…