STEPHENS v. CREEL

81-1053.

429 So.2d 278 (1983)

Frank G. STEPHENS and Karla S. Stephens v. Marion J. CREEL, Individually, and Creel Construction & Realty Co., Inc., a corporation.

Supreme Court of Alabama.

March 11, 1983.


Attorney(s) appearing for the Case

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

Jere C. Segrest of Hardwick, Hause & Segrest, Dothan, for appellees.


TORBERT, Chief Justice.

This is an appeal by Frank G. and Karla S. Stephens from the trial court's granting of the defendants' ARCP 12(b)(6) motion on the grounds that it affirmatively appeared from the face of the complaint that the six-year statute of limitations had run on the Stephenses' claim. The ex contractu claim is based upon allegations of breach of warranty for defective workmanship in the construction of a home. The lower court entered the following...

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