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J & J MARINE, INC. v. BAY & OCEAN EQUIPMENT CO., INC.

1980617 and 1980867.

758 So.2d 549 (2000)

J & J MARINE, INC. v. BAY & OCEAN EQUIPMENT CO., INC.

Supreme Court of Alabama.

January 7, 2000.

Attorney(s) appearing for the Case

Richard W. Fuquay and Kathy P. Sherman of Pittman, Pittman, Carwie & Fuquay, Mobile, for appellant.

Jeffrey J. Hartley of Adams & Reese, L.L.P., Mobile, for appellee.

BROWN, Justice.

On December 31, 1997, the plaintiff, named "Bay & Ocean Equipment Co., Inc." (hereinafter "Bay"), entered into a vessel-construction contract with J & J Marine, Inc. ("J & J"). According to the terms of the contract, J & J would deliver to Bay a custom-built towing vessel on or before March 4, 1998,1 and Bay would pay the sum of $633,4282

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