Legal Opinion
Fountain v. Permatile Concrete Products
Supreme Court of Alabama
Decided May 31, 1991No. 1900322PublishedCited by 5 opinions
1Opinion of the Court
This is an appeal from an order refusing to set aside a default judgment against Frank Fountain, individually; J. Frank Fountain III, individually; J. Frank Fountain III, Inc.; and Frank Fountain Enterprises, Inc., d/b/a Southeastern Machinery. (All these are referred to hereinafter as "Fountain.") We affirm.
On April 19, 1990, Permatile Concrete Products Company ("Permatile") filed a two-count complaint against Fountain in Blount County Circuit Court, seeking to recover damages for breach of warranty and fraud in connection with Permatile's purchase of certain machinery from Fountain.…
2Cases cited15 opinions
- Kirtland v. Fort Morgan Auth. Sewer Serv., Inc.Supreme Court of Alabama · 1988
- Smith v. ClarkSupreme Court of Alabama · 1985
- Moldwood Corporation v. A. B. Stutts, the City National Bank of Tuscaloosa, a National Banking Association v. A. B. StuttsCourt of Appeals for the Fifth Circuit · 1969
- Textron, Inc. v. WhitfieldSupreme Court of Alabama · 1979
- Jones v. Hydro-Wave of Alabama, Inc.Supreme Court of Alabama · 1988
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3Cited by5 opinions
- Ex Parte KingSupreme Court of Alabama · 2000
- Evans v. SharpCourt of Civil Appeals of Alabama · 1993
- R.D.B. v. State Department of Human Resources ex rel. R.A.P.B.Court of Civil Appeals of Alabama · 1994
- Bargaintown Homes v. Crestpointe Financial Services, Inc.Supreme Court of Alabama · 1996
- Tarik Yahia Farrag, M.D. v. Cynthia Diane Dennis ThomasSupreme Court of Alabama · 2023