Downey v. Spainhour Oil & Equipment Co.

Jordan, Judge.

The trial judge did not err in directing a verdict for the plaintiff as contended in special ground 1 of the amended motion for new trial. The uncontradicted evidence in this case discloses that on May 31, 1956, when the defendants dissolved their partnership, the amount of $1,000 was owed to the plaintiff. At that time Ayers, who was continuing the operation of the business, agreed to assume the full payment of this liability and the plaintiff was informed that the said Ayers was going to pay the account. However, there is no1 evidence that the plaintiff agreed to this…