HARDMAN v. FREEMAN

SC 1596.

337 So.2d 325 (1976)

Wayne HARDMAN d/b/a Junction Mobile Homes v. Thomas FREEMAN and Foremost Insurance Company.

Supreme Court of Alabama.

Rehearing Denied October 1, 1976.


Attorney(s) appearing for the Case

Traylor, Baker & McGee, Fort Payne, for appellant.

Loma B. Beaty, Fort Payne, for appellee, Thomas Freeman.

Robert B. French, Jr., Fort Payne, for appellee, Foremost Ins. Co.


JONES, Justice.

Is a joint tort-feasor entitled to post-judgment relief for pro tanto settlement and release entered by the other joint tort-feasor despite the fact that he was unable to plead and prove the pro tanto settlement at trial because the terms of the release were not then final? We hold that he is; therefore, we reverse and remand.

The facts are relatively simple. Thomas J. Freeman and Foremost Insurance Company filed suit against Wayne Hardman...

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