Smith v. Cowart

MURDOCK, Justice.

Nathan Smith and Dale D. Smith appeal from a judgment entered by the Macon Circuit Court in their action against H. Buford Cowart, Debbie Cowart d/b/a DBM Enterprises, and Herman Cowart (collectively “the Cowarts”). We affirm in part, reverse in part, and remand.

I. Facts and Procedural History

In 1994, the Smiths and Buford Cowart formed Heartland Products, Inc. (“Heartland”); Heartland engaged in a landscaping business based in Macon County. The Smiths owned 49 percent of the corporation; Buford Cowart owned 51 percent of the corporation. The Smiths alleged that Heartland…