Little Sky, Inc. v. Rybka

I respectfully dissent from the majority’s affirmance of the trial court’s grant of summary judgment to the sellers of a business in this suit against the buyers for nonpayment of purchase-money promissory notes.

1. In Division 1 of its opinion, the majority, in reliance on Jernigan Auto Parts v. Commercial State Bank,6 concludes that the conduct of the buyers, Tresham and Zacharchuk, in making partial pay*750ments on the promissory notes constituted a waiver of any claim of fraud. I cannot agree, and I find Jernigan Auto Parts distinguishable.(a) In Jernigan Auto, the buyers of a business waived…