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KESSLER v. SIMMONS

86-1332.

519 So.2d 502 (1988)

Charles G. KESSLER, Jr. v. John David SIMMONS and Durham W. Ellis.

Supreme Court of Alabama.

January 8, 1988.

Attorney(s) appearing for the Case

Tom R. Roper of Bell, Maples & Associates, Pelham, for appellant.

H. Thomas Wells, Jr., and James M. Proctor II of Maynard, Cooper, Frierson & Gale, Birmingham, for appellee John David Simmons.

Durham W. Ellis, pro se.

PER CURIAM.

Because we find no evidence before the trial court from which the trier of the fact could reasonably conclude either that defendants David Simmons and Durham W. Ellis, as corporate officers and stockholders, contractually stipulated to act as cosureties of the corporation or that the corporation was operated as a mere sham, we affirm the summary judgment on their behalf, on the authority of Washburn v. Rabun, 487 So.2d 1361

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