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Mullins v. Walker Tool & Manufacturing11/24/2003
assuming all responsibility for the balance due on HKT's account. The record, however, shows that although Walker Tool signed the agreement to release Mullins if Herrmann would assume all responsibility to Walker Tool for the additional payments, Herrmann never signed the agreement because of disagreements with Mullins as to who was responsible for paying Walker Tool. Although Walker Tool has presented evidence that it delivered the Poseidon to Herrmann after he made a $10,000 payment and orally agreed to satisfy the remaining balance, Walker Tool seeks to recover the balance due from Herrmann (as well as Mullins) based on their membership in the HKT joint venture. Walker Tool has not sought to show that Herrmann agreed to be substituted as debtor in consideration of Walker Tool's delivery of the Poseidon to him. Thus, the superior court did not err in denying summary judgment to Mullins on Walker Tool's counterclaim.
Judgment affirmed in part and reversed in part. Blackburn, P. J., and Ellington, J., concur.
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