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CANTRELL v. WALKER BUILDERS, INC.

2940954.

678 So.2d 169 (1996)

William CANTRELL and Nancy Cantrell v. WALKER BUILDERS, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied April 19, 1996.

Attorney(s) appearing for the Case

Marvin L. Stewart, Jr., of Najjar Denaburg, P.C., Birmingham, for Appellants.

M. Christian King and Stephanie Keller Womack of Lightfoot, Franklin & White, L.L.C., Birmingham; Finis E. St. John IV of St. John & St. John, Cullman, for Appellee.

Scott Corscadden, Deputy Atty. Gen., for Amicus Curiae Alabama State Banking Department.

Garve Ivey, Jr., and Barry A. Ragsdale of King & Ivey, Birmingham, J. Michael Rediker and Thomas L. Krebs of Ritchie & Rediker, Birmingham, for Amicus Curiae Alabama Trial Lawyers Association.

H. Hampton Boles and Michael L. Edwards of Balch & Bingham, Birmingham, Laurence D. Vinson, Jr., of Bradley, Arant, Rose & White, Birmingham, for Amici Curiae Alabama Bankers Association; Automobile Dealers Association of Alabama, Inc., and Alabama Retail Association.

YATES, Judge.

William Cantrell and Nancy Cantrell appeal from a partial summary judgment in favor of Walker Builders, Inc. ("Walker"), on one of their claims and the subsequent dismissal of their remaining claims. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

On March 20, 1981, the Cantrells signed a $6,600 promissory note, secured by a mortgage on their home, in favor of Walker in exchange for Walker...

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