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CALDWELL v. BROWN SERV. FUNERAL HOME

SC 2023.

345 So.2d 1341 (1977)

Shirley CALDWELL and Joe Edward Caldwell v. BROWN SERVICE FUNERAL HOME et al.

Supreme Court of Alabama.

Rehearing Denied June 3, 1977.

Attorney(s) appearing for the Case

Gordon L. Ladner, Lipscomb & Lipscomb, Bessemer, for appellants.

James B. Kierce, Jr., Stone, Patton & Kierce, Bessemer, for appellee.

FAULKNER, Justice.

This is an appeal from a summary judgment for the defendant entered in an action by Shirley and Joe Caldwell, a divorced couple, against Gwin-McCollum Funeral Home, Inc. for breach of contract. We reverse and remand.

In September, 1973, the Caldwells sought the services of Gwin-McCollum Funeral Home, Inc. for the burial of their 8 year old son. Joe Caldwell signed a statement and an invoice for the purchase of a casket and a vault and for...

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