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CUNNINGHAM v. LOWERY

6 Div. 5.

236 So.2d 709 (1970)

Dee CUNNINGHAM v. Felix LOWERY and Nathan Lowery.

Court of Civil Appeals of Alabama.

Rehearing Denied May 6, 1970.

Attorney(s) appearing for the Case

Rosen, Wright, Selden & Harwood, Tuscaloosa, for appellant.

Robert V. Wooldridge, Jr., Tuscaloosa, for appellees.

WRIGHT, Judge.

Suit was filed in the Circuit Court of Tuscaloosa County, Alabama, by the three plaintiffs against defendant. The original complaint contained five counts. Counts 2 and 4 were struck during the trial of the matter. Count 1 alleged breach of an express contract. Counts 3 and 5 were common counts, count 3 being for work and labor done at defendant's request and count 5 for goods and materials supplied to and...

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