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A.T.F. TRUCKING CO., INC. v. FISHER BROS. SALES, INC.

Civ. 5303.

498 So.2d 846 (1986)

A.T.F. TRUCKING CO., INC. v. FISHER BROTHERS SALES, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied November 5, 1986.

Attorney(s) appearing for the Case

John R. Frawley, Jr., Irondale, for appellant.

W. Wheeler Smith, Birmingham, for appellee.

WRIGHT, Presiding Judge.

This case arose from a suit for breach of contract between Fisher Brothers Sales, Inc. and A.T.F. Trucking Co., Inc. The plaintiff, an importer and distributor of produce, contracted with A.T.F. Trucking for delivery of 950 cases of apples from Montreal, Canada, to Scranton and Philadelphia, Pennsylvania. Rather than performing as agreed, A.T.F. seized the apples and delivered them to its place of business in Birmingham, Alabama. A.T.F. then...

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