Simpson v. ASSOCIATED DISTRIBUTORS, INC.

Stolz, Judge.

This appeal is from the trial court’s granting of the motion for summary judgment of the appellee, Associated Distributors, Inc., plaintiff below, and from the denial of the motion for summary judgment of appellant, W. C. Simpson, defendant below.

In November of 1970, appellant Simpson entered into a partnership with Morris T. Eskew under the name of "E & S Properties,” for the construction of residential housing. From time to time during the course of the partnership, building supplies and materials were ordered from the appellee, Associated Distributors, Inc. d/b/a West Cash and…