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GRAYBAR ELECTRIC COMPANY v. McCLAVE

No. 6837.

91 Ariz. 223 (1962)

371 P.2d 350

GRAYBAR ELECTRIC COMPANY, Inc., a corporation, Appellant, v. Betty McCLAVE, individually, and as Executrix of the Estate of Jesse Garrett Simmons, deceased, Appellee.

Supreme Court of Arizona. En Banc.

May 2, 1962.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, Phoenix, for appellant.

Kenneth Samuel Scoville, Phoenix, for appellee; Robert J. Spillman, Phoenix, of counsel.

STRUCKMEYER, Justice.

This is an action by Graybar Electric Company, Inc., a corporation, against Betty McClave, individually and as executrix of the estate of Jesse Garrett Simmons, deceased, on a claim for the value of electric supplies sold upon open account. At the conclusion of appellant's case the court below directed a verdict in favor of appellee individually. From the judgment thereon and from the denial of a motion for new trial this appeal has been taken...

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