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SMITH v. FOOD CONCEPTS, INC.

No. 87-CA-1909-S.

758 S.W.2d 437 (1988)

Daniel M. SMITH and Patricia A. Smith, Appellants, v. FOOD CONCEPTS, INC., Appellee.

Court of Appeals of Kentucky.

October 7, 1988.

Attorney(s) appearing for the Case

William I. Markwell, Jr., Henderson, for appellants.

Thomas A. Carroll, Owensboro, for appellee.

Before CLAYTON, DYCHE and HAYES, JJ.

DYCHE, Judge.

Daniel M. and Patricia A. Smith, appellants herein, purchased a business from Food Concepts, Inc. (appellee), paying part of the purchase price in cash, and executing a promissory note for the balance. Appellee brought this action to enforce payment of the note, alleging default by the Smiths; in their answer appellants admitted the execution and terms of the note, as well as non-payment of four installments thereunder. In addition appellants raised...

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