Kelly v. W & S Service Centers, Inc.

NIMMONS, Judge.

Appellants appeal from a final judgment in a declaratory judgment action. They also appeal from a partial summary judgment entered prior to the nonjury trial. Upon consideration of the briefs, record and oral arguments, we find the points raised by appellants to be without merit and, therefore, affirm. However, one of the points raised by appellees on cross-appeal is well taken and requires reversal. Our discussion is limited to that point.

In 1977 appellant Frances Kelly and her now-deceased husband (hereafter “sellers”) sold their business consisting of seven convenience…