Hearty Burger of Harvey, Inc. v. Brown

KLIEBERT, Judge;

In March, 1977, Hearty Burger of Harvey, Inc. (hereinafter Hearty Burger), Bruce A. North and Robert E. McBride, plaintiffs-appellees, agreed to sell to Rudy P. Brown, defendant-appellant (hereinafter Brown), certain restaurant equipment. Af*807ter acceptance of the equipment by Brown, a dispute arose as to price. (There was no dispute as to what equipment was to be transferred.) Hearty Burger contended that Brown agreed to assume the existing indebtedness, including past due interest, of Hearty Burger at the Guaranty Bank and Trust Company, which indebtedness was secured by a…