Capra v. Smith

Decision Date27 June 1979
CitationCapra v. Smith, 372 So.2d 323 (Ala. Civ. App. 1979)
PartiesRuth S. CAPRA v. Lindsey S. SMITH, Linda G. Smith, and Thomas Franklin Lowery. Civ. 1389.
CourtAlabama Court of Civil Appeals

WRIGHT, Presiding Judge.

Our original decision 372 So.2d 317 in this case reversing the judgment of the trial court having been considered by the Supreme Court upon writ of certiorari, and the same having been reversed and remanded 372 So.2d 321 to this court for further consideration by judgment of May 25, 1979, it is ordered that our former decision be and is set aside and the judgment of the trial court is in all things affirmed.

AFFIRMED.

BRADLEY and HOLMES, JJ.,...

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1 cases
  • Brown v. Merit Corp.
    • United States
    • Alabama Supreme Court
    • June 6, 1986
    ...of fact for the jury. Turner v. Peoples Bank of Pell City, 378 So.2d 706 (Ala.1979). The Browns argue that the decision in Capra v. Smith, 372 So.2d 321 (Ala.1979), while upholding the trial court's directed verdict in favor of plaintiffs/buyers and against defendant/vendor, controls the in......