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GREEN OIL CO. v. HORNSBY

86-1553.

539 So.2d 218 (1989)

GREEN OIL COMPANY, a partnership v. Dean HORNSBY and Sheila Hornsby, d/b/a Hornsby's Grocery.

Supreme Court of Alabama.

January 13, 1989.

Attorney(s) appearing for the Case

Edwin L. Davis and Fred D. Gray, Tuskegee, for appellant.

Steven F. Schmitt of Hornsby & Schmitt, Tallassee, for appellees.

HOUSTON, Justice.

On April 17, 1986, Green Oil Company filed a two-count complaint against Dean Hornsby and Sheila Hornsby, d/b/a Hornsby's Grocery, for the recovery of certain personal property, including gasoline pumps and an underground tank, and on an open account for gasoline delivered and not paid for. The Hornsbys denied the debt on open account but admitted that the personal property belonged to Green Oil Company, and they filed a counterclaim alleging breach...

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