J. F. HOLLEY CONST. CO. v. BROWN SERV. FUN. HOMES CO.

6 Div. 86.

168 So.2d 621 (1964)

J. F. HOLLEY CONSTRUCTION COMPANY, Inc. v. BROWN SERVICE FUNERAL HOMES COMPANY, Inc.

Supreme Court of Alabama.

November 5, 1964.


Attorney(s) appearing for the Case

A. W. Jones, Victor H. Smith and Pritchard, McCall & Jones, Birmingham, for appellant.

Whitmire, Morton & Coleman, Birmingham, for appellee.


MERRILL, Justice.

Appeal from a judgment granting a motion for a new trial.

Appellee sued appellant for damages for breach of a contract for the construction of a funeral home. The jury found for the appellant, and the trial court granted appellee's motion for a new trial.

Appellee's amended compaint consisted of Counts One and Two, which charged breach of a written contract, and Counts A and B, which charged breach of a contract partly written and...

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