Sam's Place v. Middleton

STAKELY, Justice.

This case has twice been before the Court of Appeals. In the first appeal, which is designated as Sam’s Place v. Middleton, 39 Ala.App. 481, 103 So.2d 812, the Court of Appeals reversed the lower court because the trial court failed to make the written determination required in cases of this nature under § 304, Title 26, Code of 1940. Richardson Lumber Co. v. Pounders, 254 Ala. 285, 48 So.2d 228.

In the first opinion the Court of Appeals, after discussing § 279(F) 1, (a), (b), (c), (d) and (e), Title 26, Code of 1940, in the light of cases from West Virginia, Tennessee and…