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1631 SECOND AVE. NORTH, L.L.C. v. RAINE

1051463.

963 So.2d 71 (2007)

1631 SECOND AVENUE NORTH, L.L.C. v. Sam RAINE III and Antoinette Raine.

Supreme Court of Alabama.

February 9, 2007.

Attorney(s) appearing for the Case

Alton B. Parker, Jr., Leslie Hand, and Gary W. Lee of Spain & Gillon, LLC, Birmingham, for appellant.

Jesse P. Evans III and Michael B. Odom of Haskell Slaughter Young & Rediker, LLC, Birmingham, for appellees.

Brief filed by Terry McElheny, J. Fred Wood, Jr., and Donna Knotts Bryd of Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., for intervenor LeerCorp.

SEE, Justice.

A purchaser sought damages and specific performance pro tanto of his contract with the sellers, who owned only part of the property they had contracted to sell. The trial court, after considering the contractual relationship between purchaser and the seller and the potential resulting cotenancy among strangers, declined to order specific performance pro tanto. We affirm the judgment of the trial court.

Facts and Procedural History

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