BIRDSONG, Judge.
Denial of summary judgment. Byrne, the appellee, owned several undeveloped lots. Kachwalla approached Byrne and suggested that they develop the lots by building single dwelling homes thereon. Byrne needed "start up" capital and entered into an agreement with Kachwalla. That agreement in pertinent part stated in its preamble: "Whereas, Byrne owns certain residential lots... and Whereas, the parties desired to associate together in constructing on the...
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