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HENDRIX, MOHR & YARDLEY, INC. v. CITY OF DAPHNE

77-5.

359 So.2d 792 (1978)

HENDRIX, MOHR & YARDLEY, INC., a Corporation v. The CITY OF DAPHNE et al. and the First National Bank of Fairhope, a National Banking Association, et al.

Supreme Court of Alabama.

June 9, 1978.

Attorney(s) appearing for the Case

Champ Lyons, Jr. and Frederick G. Helmsing, Mobile, for appellant.

William H. Hardie, Jr., Mobile, for appellee, The First National Bank of Fairhope.

JONES, Justice.

This appeal concerns a contract action filed by Appellant, Hendrix, Mohr & Yardley, Inc., an investment banker, as fiscal agent for the Town of Daphne, seeking to recover for breach of contract and for services rendered under an implied contract. Alternatively, Hendrix-Mohr sought a declaratory judgment, declaring its right to a fee of 2% of the total bonds issued in the future for the financing of sewer construction in Daphne. We affirm in part...

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