DENSON v. FOOTE

8 Div. 62.

142 So.2d 877 (1962)

Harold DENSON v. Wilson H. FOOTE, d/b/a Foote Auto Company.

Supreme Court of Alabama.

Rehearing Denied June 21, 1962.


Attorney(s) appearing for the Case

T. J. Carnes, Albertville, and Barnes & Smith, Gadsden, for appellant.

Mitchell, Poellnitz & Cox, Florence, for appellee.


COLEMAN, Justice.

This is an appeal by complainant from a decree in equity, sustaining respondent's demurrer to complainant's bill of complaint as last amended and dismissing it. The bill prays for declaratory decree. Complainant argues that the court erred in sustaining the demurrer and in dismissing the bill.

We quote from complainant's brief: "The material averments of the bill of complaint as last amended are that on June 10, 1957 (we interpolate...

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