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McDONALD v. SCHWARTZ

2951375.

706 So.2d 1230 (1997)

Scott McDONALD v. David SCHWARTZ and Jeannie Schwartz.

Court of Civil Appeals of Alabama.

Rehearing Denied August 1, 1997.

Certiorari Denied November 14, 1997.

Attorney(s) appearing for the Case

Bruce A. Gardner of Hamilton & Gardner, Huntsville, for appellant.

Richard E. Dick of Herring, Dick, Wisner & Walker, P.C., Huntsville, for appellees.

Alabama Supreme Court 1961880.

CRAWLEY, Judge.

On July 9, 1994, Scott McDonald (the "contractor") agreed to build a house for David and Jeannie Schwartz (the "homeowners"). The homeowners provided the plans and specifications, and the contractor agreed to construct the dwelling for $129,000.

On April 24, 1995, the contractor sued the homeowners for breach of contract, payment for goods and materials furnished, and damages due on account. He also sought...

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