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ALTMAYER v. CITY OF DAPHNE

1911236, 1911564.

613 So.2d 366 (1993)

Jay P. ALTMAYER, et al. v. CITY OF DAPHNE. Jay P. ALTMAYER, et al. v. CITY OF DAPHNE, et al.

Supreme Court of Alabama.

February 5, 1993.

Attorney(s) appearing for the Case

Vincent F. Kilborn III and M. Lloyd Roebuck of Kilborn & Roebuck, Mobile, for appellants Jay P. Altmayer, et al.

M. Kathryn Knight of Miller, Hamilton, Snider & Odom, Mobile, and W. Beatty Pearson of Dempsey, Pearson & Cummins, Spanish Fort, for appellee City of Daphne.

Robert A. Wills of Wills and Simon, Bay Minette, for appellee SouthTrust Bank of Baldwin County.

STEAGALL, Justice.

In October 1990, David Arnold, in his capacity as city manager for the City of Daphne, entered into a purchase agreement with Jay P. Altmayer and others (collectively referred to as "Altmayer"), whereby the City would purchase certain real property for $3 million. Arnold transferred $250,000 in municipal funds to an escrow account at SouthTrust Bank of Baldwin County as earnest money under the agreement...

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