Aldredge v. East Colonial Refuse Service, Inc.

ON MOTION FOR REHEARING

COBB, Judge.

The appellant, Robert Aldredge, moves for a rehearing after a per curiam affirm-*940anee in this case, 451 So.2d 863. This motion is granted, our prior opinion is vacated, and this opinion is substituted therefor.

This case involves an action by Aldredge, plaintiff below, on a promissory note, filed in two counts: (1) a claim at law for enforcement of the note, and (2) an alternative equitable claim for restitution based on unjust enrichment. The execution of the note by the defendant, East Colonial Refuse Service, Inc. (ECRS), was not disputed, nor was the fact…