PEPSI-COLA ETC. v. COLONIAL SUGARS, ETC.

81-580.

423 So.2d 190 (1982)

PEPSI-COLA BOTTLING COMPANY OF DOTHAN, ALABAMA, INC. v. COLONIAL SUGARS, A DIVISION OF BORDEN, INC.

Supreme Court of Alabama.

November 19, 1982.


Attorney(s) appearing for the Case

C.R. Lewis of Lewis & Brackin, Dothan, for appellant.

T.E. Buntin, Jr. of Buntin & Cobb, Dothan, for appellee.


JONES, Justice.

Plaintiff/Appellant Pepsi-Cola Bottling Company of Dothan, Alabama, Inc., commenced this proceeding with a four-count complaint, two counts of which (on account and negligence) were against Colonial Sugars, a division of Borden, Incorporated, seeking recovery of $10,156.27 allegedly paid by Pepsi to Colonial for 56,000 pounds of bulk sugar delivered via Southern Railway Systems.1 The crux of the complaint was that a refund...

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