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Lawskills.com Georgia Caselaw
ALMOND v. BENTLEY GRAY, INC. et al.
51902.
STOLZ, Judge.
Action on account. Butts Superior Court. Before Judge Whitmire.
1. In this action on account against two partners of a retail clothing business, the trial judge did not err in granting summary judgment in favor of the plaintiff against both defendants and against the appellant on her co-defendant's cross claim, where the showing on the motion was that the merchandise sued for was ordered by the appellant and delivered while she was still legally a partner (although she was temporarily inactive in the business and intended to withdraw as a partner); and that, subsequent to the filing of the action, the appellant had executed an agreement dissolving the then existing partnership, under which the appellant and a new partner (since withdrawn from the partnership) specifically assumed liability for listed partnership debts, including those which are the subject of the present action.
Larry H. Evans, Beck, Goddard, Owen & Murray, Samuel Murray, for appellee.
Gettle & Fraser, Sherman Fraser, for appellant.
SUBMITTED MARCH 8, 1976 -- DECIDED APRIL 29, 1976.
Friday July 18 12:53 CDT


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