Tanner v. Church's Fried Chicken, Inc.

The central issue presented on this appeal is whether the law of Alabama affords a remedy for breach of an express promise in a written contract to "act in good faith," and if so, whether there is substantial evidence in the record that the defendant breached its affirmative obligation to so act.

The trial court granted summary judgment in favor of the defendant, Church's Fried Chicken, Inc. ("Church's"), and against the plaintiffs, Gary Tanner, Herman Gollotte, and Walter Hovell, former stockholders of Crispy Chick, Inc., who had sold out to Church's. We hold that the summary judgment was…