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CENTRAL BANK OF ALABAMA, N. A. v. GILLESPIE

79-666, 79-759.

404 So.2d 35 (1981)

CENTRAL BANK OF ALABAMA, N. A. v. Mac R. GILLESPIE and Pat A. Gillespie. Mac R. GILLESPIE and Pat A. Gillespie v. CENTRAL BANK OF ALABAMA, N. A.

Supreme Court of Alabama.

September 11, 1981.

Attorney(s) appearing for the Case

William E. Shinn, Jr. of Harris, Harris, Shinn & Harris, Decatur, for appellants in case No. 79-666 and appellees in case No. 79-759.

Kenneth Shelton, Decatur, for appellants in case No. 79-759 and appellees in case No. 79-759.

EMBRY, Justice.

These appeals, in essence an appeal and cross-appeal, arise out of the judgment entered in five cases that were consolidated for trial. A preliminary sketch of the factual background of the five cases is necessary as a prerequisite to understanding these appeals.

Mac R. and Pat A. Gillespie owned a 4.1 acre tract of land which they deeded to James Moore & Sons Builders, Inc., under a contract with Moore Builders for the construction of...

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