WAL-MART STORES v. ANNISTON DEV. CO.

1012070.

853 So.2d 218 (2002)

WAL-MART STORES, INC. v. ANNISTON DEVELOPMENT COMPANY.

Supreme Court of Alabama.

December 20, 2002.


Attorney(s) appearing for the Case

David A. Lee and J. Alex Wyatt III of Parsons, Lee & Juliano, P.C., Birmingham, for appellant.

William J. Miller of Fite, Field & Miller, L.L.C., Anniston, for appellee.


HOUSTON, Justice.

Wal-Mart Stores, Inc., appeals from a summary judgment entered in favor of Anniston Development Company ("ADC") in an action to recover overpayment of rent, pursuant to a lease between Wal-Mart, as lessee, and ADC, as lessor. The overpayment was made more than three years before this action was filed. In its motion for a summary judgment ADC argued that the three-year statutory period of limitations for an action for money due by open or unliquidated...

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