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GARLAND v. AAA BUILDERS, INC.

3 Div. 441.

254 So.2d 318 (1971)

Ben A. GARLAND et al. v. AAA BUILDERS, INC., a Corp., et al.

Supreme Court of Alabama.

Rehearing Denied November 18, 1971.

Attorney(s) appearing for the Case

Capell, Howard, Knabe & Cobbs, Montgomery, for appellants.

Azar, Campbell & Azar, Montgomery, for appellees.

SIMPSON, Justice.

This case arose out of the following:

AAA Builders, Inc. (hereinafter referred to as AAA) filed a bill for declaratory judgment in Montgomery County against Ben A. Garland and Apala Watson Garland, Hammond Plumbing & Heating Company, Peavy Lumber Company, and Montgomery Ready Mix, Inc., alleging that it was in the construction business and had entered into a joint undertaking with the Garlands by which it and the Garlands were to construct...

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