Sullivan v. Speedway Oil Co.

This is an appeal from a judgment granting a Rule 60 (b) motion.

Plaintiff brought an action against Speedway Oil Company and Billy Joe Wells d/b/a Speedway Oil Company and Billy Joe Wells, individually.

Speedway Oil Company was in fact a corporation with an office in Tuscaloosa County, Alabama. Billy Joe Wells was the president of the corporation. The corporation employed a young woman to answer the phone, receive and file reports and otherwise pass on to Mr. Wells matters which came to her attention in his absence from the office.

A deputy sheriff brought copies of the summons and complaints…