JOHNSTON v. FROST

87-1507.

547 So.2d 528 (1989)

Billy JOHNSTON v. Helen Burns FROST.

Supreme Court of Alabama.

June 23, 1989.


Attorney(s) appearing for the Case

Robert H. McKenzie of Holt, McKenzie, Holt & Mussleman, Florence, for appellant.

Charles D. Rosser of Rosser, Gardner & Marthaler, Tuscumbia, for appellee.


ALMON, Justice.

Helen Burns Frost brought an action against Eagle Sales and Manufacturing Company, Inc., Jim Johnston, and Billy Johnston, alleging fraud and seeking damages for money had and received. The jury returned a verdict in favor of Frost for $15,000 and the trial court entered judgment on the verdict. Billy Johnston filed a motion for new trial. The trial court denied the motion and Johnston, represented by new counsel, appeals.

Johnston first argues...

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