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COLE v. FIRST NAT. BANK OF TUSKALOOSA

84-1044.

485 So.2d 717 (1986)

Fannie COLE v. The FIRST NATIONAL BANK OF TUSKALOOSA, a national banking association.

Supreme Court of Alabama.

February 28, 1986.

Attorney(s) appearing for the Case

Andrew J. Smithart III and Larry Bradford of Lee, Barrett & Mullins, Tuscaloosa, for appellant.

David L. Carroll of Rosen, Harwood, Cook & Sledge, Tuscaloosa, for appellee.

FAULKNER, Justice.

This is an appeal from a summary judgment in favor of the First National Bank of Tuskaloosa. We reverse.

Fannie Cole of Birmingham purchased a 1977 Cadillac Seville from Barkley Pontiac-Cadillac, Inc., of Tuscaloosa on June 27, 1983. The purchase price was $9,230.10. Cole made a down payment of $3,000.00. The balance was financed under a security agreement with Barkley over a period of thirty months, the first payment to be made on August...

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