SUTTON v. EPPERSON

1920737.

631 So.2d 832 (1993)

Harold S. SUTTON, M.D. v. Roy T. EPPERSON, Sr., et al.

Supreme Court of Alabama.

Rehearing Denied December 22, 1993.


Attorney(s) appearing for the Case

James W. Webb, Daryl L. Masters and Bart Harmon of Webb & Eley, P.C., Montgomery, for appellant.

Donna L. Knotts of Parnell, Crum & Anderson, P.A., and Frank M. Wilson and James Allen Main of Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, for appellees.


SHORES, Justice.

We granted permission, pursuant to Rule 5, Ala.R.App.P., to appeal from a partial summary judgment entered for the defendant sellers in an action based on a contract for the sale of corporate stock. The judgment held that, as a matter of law, a liquidated damages clause in the agreement was a penalty and therefore void as against public policy. We reverse and remand.

The material facts are not disputed. Harold S. Sutton, M.D., and Roy T. Epperson...

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