Johnson-Rast & Hays, Inc. v. Cole

ALMON, Justice.

Complainant filed a bill in equity seeking a declaratory judgment construing an option contract with amendments. The prayer was for $50,000.00 plus interest as damages for breach of contract. The evidence was heard ore tenus without a jury and judgment was rendered in favor of the complainant.

While suit was in progress in the trial court, the Alabama Rules of Civil Procedure became operative. Thus, we shall refer to complainant as plaintiff and respondents, appellants here, as defendants.

The situation which gave rise to the controversy was that Cherokee East Corporation was…