SANDERS v. BARTON

1940568.

670 So.2d 880 (1995)

H.B. SANDERS and Jerry Sanders v. W.C. BARTON and Carolyn Barton.

Supreme Court of Alabama.

November 17, 1995.


Attorney(s) appearing for the Case

L.P. Sutley and David J. Thies of Murchison & Sutley, L.L.C., Foley, for Appellants.

Harold A. Koons, III of Ball & Koons, Bay Minette, for Appellees.


MADDOX, Justice.

The defendants appeal from a judgment based on a jury verdict of $53,000 for the plaintiffs. The issues presented are 1) whether the trial court erred in allowing the plaintiffs to amend their complaint during the trial of this case to exclude their claim for the remedy of specific performance; and 2) whether the Uniform Commercial Code is applicable to a contract for the sale of emu chicks.

W.C. and Carolyn Barton (hereinafter "the purchasers...

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