Derico v. Duncan

The following question was certified to this Court so that we might ". . . answer a question of law which is deemed determinative of an action before [the U.S. District Court and to which [there is no clear controlling precedent in the decisions of the Supreme Court of Alabama."

"Does defendant's failure, which was not willful, to obtain a license according to Section 5-19-22 affect plaintiff's obligation under the loan contract between plaintiff and defendant, and if so, to what extent?"

The order entered by the U.S. District Court contained the following statement of the underlying facts in…