Nunnelley v. Herndon

COMBS, Judge.

The issue on appeal is whether the entry of summary judgment against appellants for the unpaid balance of the note properly disposed of their claim of discharge under KRS 355.3-606(l)(a).

James Nunnelly and his uncle by marriage, Brodie Carmen, were employed in the retail sales of automobiles. They decided to go into business together by purchasing a dealership in Central Kentucky. In surveying the area for possible dealerships, they were on occasion joined by James’ brother, Preston. In fact, Preston was actively involved in negotiations concerning the purchase of a Cadillac…