McCausland v. Tide-Mayflower Mov. & Storage

The plaintiffs, John and Shirley McCausland, filed a complaint in the Mobile Circuit Court against the defendants, Tide-Mayflower Moving and Storage ("Tide") and Aero Mayflower Transit Company ("Aero") in October 1985. The complaint alleged causes of action in detinue, conversion, breach of contract, and fraud. In September 1985, Aero and Tide moved for summary judgment on all counts. This motion was granted in November 1985. The McCauslands appeal. We affirm in part, reverse in part, and remand.

The standard for summary judgment is well-settled and was stated in Silk v. Merrill Lynch, Pierce,…