Branch Banking & Trust Co. v. Nichols

BRYAN, Justice.

Branch Banking & Trust Company (“BB & T”), Rusty Winfree, and Todd Fullington (hereinafter collectively referred to as “the appellants”) appeal a judgment entered by the Baldwin Circuit Court in favor of Rex A. Nichols (“Sonny”) and Claudene Nichols (“Claudene”) on the Nicholses’ claims against the appellants and on BB & T’s counterclaim against the Nicholses/ We reverse the circuit court’s judgment and remand the cause to the circuit court for further proceedings.

Facts and Procedural Éistory

In late 2005, Sonny began talking to Winfree about obtaining financing from Colonial…