Weaver v. Travel Inn, Inc.

350 So.2d 444 (1977)

Jackie WEAVER and Canyonland Park, Inc.

v.

TRAVEL INN, INC.

SC 2469.

Supreme Court of Alabama.

September 30, 1977.

Roger Killian of Killian & Gillis, Fort Payne, for appellants.

Terry T. Bush, Rainsville, for appellee.

FAULKNER, Justice.

This is an appeal from an order denying a motion for relief from judgment. We reverse and remand.

On June 11, 1974, Travel Inn filed suit against Weaver and Canyonland for $55,000 plus interest and costs due by open account. After a letter was allegedly mailed to Weaver advising him that a default would be taken unless settlement was made, Travel…