MERRILL, Justice.
This suit began on October 1, 1971, when Malone Construction, Inc., hereinafter called Malone, filed a bill for declaratory judgment in equity against Gulf Shores Motel, Inc., hereinafter called Gulf Shores, alleging that Gulf Shores was complaining about various defects in the construction of a motel which Malone had contracted to build for Gulf Shores and had completed.
Later in the same month, Gulf Shores filed a suit at law against Malone...
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