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McMILLAN v. SIVER

No. A98A0605.

504 S.E.2d 208 (1998)

233 Ga. App. 350

McMILLAN v. SIVER.

Court of Appeals of Georgia.

Reconsideration Denied July 10, 1998.

Certiorari Denied November 23, 1998.

Attorney(s) appearing for the Case

John R. Gaughen, Atlanta, for appellant.

Kitchens, Kelley & Gaynes, Stephen V. Kern, Swift, Currie, McGhee & Hiers, James T. McDonald, Jr., Jonathan E. White, Atlanta, for appellee.

HAROLD R. BANKE, Senior Appellate Judge.

The underlying case arose from the vestiges of a business relationship between Donald McMillan and Mark W. Siver that deteriorated. Under the terms of a contract to purchase the Auto Hospital, an automobile repair business, McMillan and Siver were obligated to make monthly payments to Billy Ray Hatley and on Hatley's bank note. About two months later, Siver sold his half interest in the business. When payments fell into arrears...

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