WEBSTER v. AUST

AV92000305.

628 So.2d 846 (1993)

Billy R. WEBSTER v. Gilbert M. AUST.

Court of Civil Appeals of Alabama.

Rehearing Denied October 22, 1993.


Attorney(s) appearing for the Case

Jackie D. Ferguson, Huntsville, for appellant.

Charles H. Pullen of Watson, Gammons & Fees, P.C., Huntsville, for appellee.


THIGPEN, Judge.

This case involves a summary judgment.

Gilbert M. Aust filed suit against Billy R. Webster in July 1992, alleging fraud (Count I) and demanding the return of $5,000, which Aust paid to Webster as part of a real estate transaction (Count II), plus costs and interest. Webster denied Aust's allegations and counterclaimed for specific performance of the contract.

In October 1992, Aust filed a motion, along with supporting documentation...

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