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DARDESS v. SOUTHTRUST BANK

88-736.

555 So.2d 746 (1989)

James A. DARDESS v. SOUTHTRUST BANK OF THE QUAD CITIES.

Supreme Court of Alabama.

December 15, 1989.

Attorney(s) appearing for the Case

James Marks of Hewlett, Black & Marks, Tuscumbia, for appellant.

Ernest N. Blasingame, Jr., Florence, for appellee.

HOUSTON, Justice.

This is a suit on a promissory note brought by SouthTrust Bank of the Quad Cities against James A. Dardess. Dardess filed an answer alleging fraud in the procurement of the promissory note, failure of consideration, and breach of contract. Dardess also counterclaimed, alleging fraud and breach of contract. At the close of all the evidence, SouthTrust moved for a directed verdict, which the trial court granted but only as to Dardess's counterclaim...

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