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TUCKER MOTOR CO., INC. v. DAVENPORT

Civ. 2372.

396 So.2d 101 (1980)

TUCKER MOTOR COMPANY, INC. v. Murray DAVENPORT.

Court of Civil Appeals of Alabama.

Rehearing Denied January 7, 1981.

Attorney(s) appearing for the Case

William P. Gray, Jr. and Mary R. McKay of Tucker, Gray & Espy, Tuscaloosa, for appellant.

Steven W. Ford of Ford, McElvy & Ford, Tuscaloosa, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

The complaint, which was filed on December 28, 1978, sought damages for a breach of warranty in the sale of a truck, the primary allegation being that Tucker Motor Company (Tucker), the defendant seller, contrary to the contract, did not convey good title to the plaintiff purchaser (Davenport) and that, as a proximate result of such breach, Davenport lost the possession, title and use of the truck.

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