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OLD REPUBLIC SUR. CO. v. AUCTION WAY SALES, INC.

No. 2960832.

733 So.2d 878 (1997)

OLD REPUBLIC SURETY COMPANY v. AUCTION WAY SALES, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied February 6, 1998.

Attorney(s) appearing for the Case

Kay L. Cason and Anne D. Lamkin of Gorham & Waldrep, P.C., Birmingham, for appellant.

Kile T. Turner of Norman, Fitzpatrick, Wood & Kendrick, Birmingham, for appellee.

YATES, Judge.

This case involves the interpretation and application of the Alabama Automobile Dealer Bond Statute, § 40-12-398, Ala.Code 1975.

Auction Way Sales, Inc. ("Auction Way"), a wholesale automobile dealer located in Chicago, Illinois, sued Ricky Harrell, individually and d/b/a Double Diamond Motors, and Old Republic Surety Company ("Old Republic"), alleging a breach of contract in the nonpayment for eight automobiles sold to Harrell at an Illinois...

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