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CUPPS v. CUPPS

1911234.

607 So.2d 197 (1992)

Stanley CUPPS v. Johnny Lyndale CUPPS.

Supreme Court of Alabama.

October 30, 1992.

Attorney(s) appearing for the Case

Jim M. Sandefer of Sandefer, Sandefer & Francis, P.C., Mountain Brook, for appellant.

Robert P. Bynon, Jr., Birmingham, for appellee.

KENNEDY, Justice.

The plaintiff, Stanley Cupps, made an oral agreement with his brother, Johnny Cupps, in which Stanley agreed to deliver 2,000 to 2,500 tons of coal to Johnny. The purchase price and the type of coal to be delivered are in dispute. According to Stanley, the agreed purchase price was $27.50 per ton and the type of coal to be delivered was "Blue Creek" coal. Johnny claimed that the purchase price was $26.50 per ton and that Stanley agreed to deliver...

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