Poston v. Gaddis

This is the second appeal of this case. In Poston v. Gaddis,335 So.2d 165 (Ala.Civ.App. 1976), cert. denied, 335 So.2d 169 (Ala.), the Court of Civil Appeals reversed and remanded a judgment in favor of the plaintiffs Gaddis because the trial court erred in denying defendant Poston the right to a jury trial in the breach of contract action and on the counterclaims. The facts out of which the controversy arose are well stated in the opinion of the Court of Civil Appeals, id. 335 So.2d at 166:

"[Hubert D. Gaddis and Martha A.T. Gaddis] and defendant James E. Poston entered into a contract for…