LEDBETTER v. DARWIN DOBBS CO., INC.

Civ. 4693.

473 So.2d 197 (1985)

Kenneth G. LEDBETTER and First National Bank of Alexander City v. DARWIN DOBBS COMPANY, INC.

Court of Civil Appeals of Alabama.

May 29, 1985.


Attorney(s) appearing for the Case

E. Paul Jones, Alexander City, for appellant Kenneth Ledbetter.

Larkin Radney of Barnes & Radney, Alexander City, for appellant The First National Bank of Alexander City.

Phillip E. Adams, Jr. of Walker, Hill, Adams, Umbach, Herndon & Dean, Opelika, for appellee.


BRADLEY, Judge.

This is a summary judgment case.

Darwin Dobbs Company, Inc. (Dobbs Co.) attempted to sell a 1984 Pontiac Fiero to Steve Saffold. Saffold received a title application and a sales invoice. The sales invoice reflected that title to the car would not pass to Saffold until his check to Dobbs cleared the bank, and that his check was "pending." The check was returned for insufficient funds on September 24, 1984.

On September 28 Saffold executed...

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