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ARMSTRONG BUSINESS SERVICES, INC. v. AmSOUTH BANK

1992302.

817 So.2d 665 (2001)

ARMSTRONG BUSINESS SERVICES, INC. v. AmSOUTH BANK and Leonard "Bo" Marks.

Supreme Court of Alabama.

Rehearing Denied October 19, 2001.

Attorney(s) appearing for the Case

George W. Finkbohner III and Royce A. Ray III of Finkbohner, Lawler & Ray, L.L.C., Mobile, for appellant.

Larry B. Childs and Randall D. Quarles of Walston, Wells, Anderson & Bains, L.L.P., Birmingham; and Matthew C. Mc-Donald of Miller, Hamilton, Snider & Odom, L.L.C., Mobile, for appellees.

HARWOOD, Justice.

On March 1, 1999, Armstrong Business Services, Inc. ("ABS"), and its owner, Norris Armstrong, sued AmSouth Bank and Leonard "Bo" Marks, an AmSouth employee, alleging tort and contract claims arising out of failed negotiations between AmSouth and ABS concerning a $5.2-million loan request. The complaint contained the following counts: (count one) breach of contract; (count two) misrepresentation; (count three) fraudulent nondisclosure; (count four...

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