Sims v. Foss

Beasley, Judge.

This case involves summary judgment in a suit on a note and on a counterclaim for business losses. In 1980, Robert and Estelle Burton sold appellant, Evelyn Sims, the assets of a retail clothing store. Sims executed a promissory note in partial payment of the purchase price. Title to the building housing the clothing store was not conveyed to Sims, who rented the building from the Burtons under a 15-year lease. Sims did not know that the building was titled in the name of Reba Louise Burton, the Burtons’ daughter.

*346In July 1986, the City of Rome filed an action to condemn for…