EMERSON v. ROCK WOOL MFG. CO.

Civ. 5042.

484 So.2d 1107 (1986)

Dewel EMERSON d/b/a Energy Insulation Company v. ROCK WOOL MANUFACTURING COMPANY.

Court of Civil Appeals of Alabama.

January 15, 1986.


Attorney(s) appearing for the Case

Bill Fite, Hamilton, for appellant.

Jackie O. Isom, Hamilton, for appellee.


HOLMES, Judge.

This is an appeal from the granting of a motion for summary judgment.

The Marion County Circuit Court granted plaintiff's motion for summary judgment in the amount of $4,916.73. Defendant appeals and we reverse.

We find the following pertinent: Plaintiff began making sales to defendant in 1980. The sales tax on all the purchases made by defendant were paid by him.

In January of 1982 the defendant told plaintiff that Alabama sales...

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