PORT CITY CONSTRUCTION CO., INC. v. HENDERSON

3 Div. 48.

266 So.2d 896 (1972)

PORT CITY CONSTRUCTION CO., INC. v. Allen HENDERSON, d/b/a Henderson Ready Mix Concrete Co.

Court of Civil Appeals of Alabama.

September 20, 1972.


Attorney(s) appearing for the Case

Joseph J. Boswell, Mobile, for appellant.

Tucker & Brogden, Atmore, for appellee.


WRIGHT, Presiding Judge.

Suit containing two counts ex contractu was filed by Allen Henderson against Port City Construction Company, Inc. in the Circuit Court of Escambia County. The case was tried without a jury and judgment rendered by the court on January 5, 1972, in favor of plaintiff. Damage was awarded in the sum of $2500. Defendant appeals.

The alleged contract upon which suit was based was evidenced by a writing drawn between the parties after discussion...

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