SMITH v. COMBUSTION RESOURCES ENGINEERING, INC.

81-1062.

431 So.2d 1249 (1983)

Charles R. SMITH v. COMBUSTION RESOURCES ENGINEERING, INC.

Supreme Court of Alabama.

May 20, 1983.


Attorney(s) appearing for the Case

William J. Trussell of Church, Trussell & Robinson, Pell City, for appellant.

William D. Scruggs, Jr., and Michael L. Brownfield, Fort Payne, for appellee.


MADDOX, Justice.

We are asked to review several issues here. They are: whether the failure to plead an affirmative defense precludes the party from raising it at the trial; whether it is necessary for a party to produce evidence of the amount of attorney's fees incurred in collecting a promissory note when the note contains a provision specifying the amount of attorney's fees to be paid in the event of a default; and whether a Rule 60(a), ARCP, motion is the appropriate...

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