Hart Conversions, Inc. v. Pyramid Seating Co.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Defendants-Appellants Hart Conversions, Inc. (Hart) and Lorell Nihart (Nihart) appeal a denial of their summary judgment motion in an action involving Plaintiff-Appellee Pyramid Seating Co., Inc.

We reverse.

ISSUE

Hart and Nihart raise the following issues for our review:

1. Whether the trial court erred in finding that a material issue of fact existed on the issue of whether Pyramid's claim for penal sums was extinguished.

2. Whether the sale of Hart's account served to assign the claim for penal sums to the buyer.

FACTS AND PROCEDURAL HISTORY

On August 11,…