GARY v. KIRKLAND

86-39.

514 So.2d 970 (1987)

Paul GARY and Mitsuko Gary v. Kenneth KIRKLAND.

Supreme Court of Alabama.

September 25, 1987.


Attorney(s) appearing for the Case

J. Huntley Johnson of Johnson, Huskey, Hornsby & Etheredge, Dothan, for appellants.

Peter A. McInish and Huey D. McInish of Lee & McInish, Dothan, for appellee.


MADDOX, Justice.

This is a fraud case. The plaintiffs, Paul and Mitsuko Gary, entered an agreement to purchase a convenience store from the defendant, Kenneth Kirkland, who was the owner and operator of the store at the time. The agreement was made in the form of a deposit agreement and an agreement of sale drawn up on January 9, 1984. As a part of the agreement, Kirkland was to sell the inventory and equipment in the store on the date of closing. The price of the...

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