Brown-Marx Associates, Ltd. v. Emigrant Savings Bank

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on defendant’s Motion for Partial Summary Judgment filed on November 5, 1981. Defendant’s November 5 motion seeks dismissal of plaintiffs’ “Fourth Claim” in which plaintiffs seek recovery under a theory of the “tort of bad faith” as espoused in Chavers v. National Security Fire & Casualty Co., 405 So.2d 1 (Ala.1981).

Plaintiffs have sued as the result of an alleged breach of a loan commitment executed by defendant. Plaintiffs have joined by amendment a “Fourth Claim” which states: “20. Plaintiffs aver that the defendant…