JOHNSON-RAST & HAYS, INC. v. COLE

SC 815.

310 So.2d 885 (1975)

JOHNSON-RAST & HAYS, INC., a corporation, et al. v. Sarah Grant COLE.

Supreme Court of Alabama.

April 3, 1975.


Attorney(s) appearing for the Case

Gilbert E. Johnston, Sydney L. Lavender, John D. Quenelle, Birmingham, for appellants Cherokee East Corp., J. Hamilton Perkins, Jr., M. Vann Perkins, Ted A. Holder, H. M. Davis, Jr., John B. Davis, Gerald A. Drennan, Felix A. Drennan and Preston H. Haskell, Jr.

John P. McKleroy, Jr., Birmingham, for appellant Johnson-Rast & Hays Co.

Whitmire, Morton & Coleman, Birmingham, for appellee.


ALMON, Justice.

Complainant filed a bill in equity seeking a declaratory judgment construing an option contract with amendments. The prayer was for $50,000.00 plus interest as damages for breach of contract. The evidence was heard ore tenus without a jury and judgment was rendered in favor of the complainant.

While suit was in progress in the trial court, the Alabama Rules of Civil Procedure became operative. Thus, we shall refer to complainant as plaintiff...

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