GILBERT v. SMITH

86-1659.

535 So.2d 118 (1988)

Bobby S. GILBERT and Guy R. King, Jr. v. Paul SMITH, Jr., et al.

Supreme Court of Alabama.

As Corrected on Denial of Rehearing November 18, 1988.


Attorney(s) appearing for the Case

William A. Owens, Jr., Athens, for appellants.

Bruce Sherrill, Athens, for appellee.


ALMON, Justice.

Bobby S. Gilbert and Guy R. King sued Paul Smith, Jr., and Harold H. Smith ("Harold") as individuals and Paul Smith and Harold Smith doing business as Smith and Smith Dairy ("Smith and Smith"), a partnership, for breach of contract. Paul Smith was adjudicated bankrupt by the U.S. Bankruptcy Court and was dismissed from this suit. The case was tried before a judge and jury. The jury returned a verdict in favor of Harold and the trial court entered judgment...

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