Kelley v. Dupree

This is the second appeal of this case. The first was dismissed because of the absence of a final judgment. Kelley v.U.S.A. Oil Corp., 363 So.2d 758 (Ala. 1978).

Subsequently an appealable judgment was entered and Garland Kelley brings this second appeal contending the trial court erroneously granted summary judgment for one of the defendants, Ray Dupree.

Kelley was hired by Ray Dupree to work as a night manager at a U.S.A. Oil Corporation service station. Kelley alleges that he was paid $100 per week and that the checks were made payable to his wife, who assisted him at the service station.…