Cavell v. 2300 Restaurant, Inc.

QUINN, Associate Judge.

Appellant was the owner of a restaurant business which he sold to appellee. Prior to the sale appellant had purchased certain fixtures for his restaurant, for which he executed a note payable to Abram E. Stern Company. Subsequently suit was initiated on the note against appellant by the Stern Equipment Company. Appellant claimed that appellee had agreed to assume his obligation on the note in return for a reduction on the purchase price of the restaurant business and accordingly filed a third-party complaint against appellee, to which the Stern Equipment Company…