Pearce Young Angel Co. v. Don Becker Enterprises, Inc.

ARNOLD, Judge.

Plaintiff supported its motion for summary judgment with two affidavits and three exhibits. At the hearing on the parties’ summary judgment motions plaintiff then offered the testimony of its salesman Carl Dawsey to prove that defendant had been notified by plaintiff of Seawell’s termination of guarantee and that defendant had agreed to continue to be bound. Without directly ruling on the admissibility of this testimony, the court gave summary judgment for defendant. He also refused counsel’s request to place Dawsey’s testimony in the record, saying that “plaintiff’s counsel had…