Legal Opinion

Guilford v. Spartan Food Systems, Inc.

Supreme Court of Alabama

Decided June 15, 1979No. 78-162PublishedCited by 25 opinions

1Opinion of the Court

This is an appeal from the granting of defendants' Rule 12 (b)(6), ARCP, motion to dismiss for failure to state a claim upon which relief can be granted. We affirm.

The complaint in this action was filed March 8, 1978. On April 11, 1978, defendants filed a Rule 12 (b)(6) motion to dismiss which the trial court granted May 16, 1978, allowing plaintiff ten days in which to amend his complaint. Plaintiff filed an amendment to the complaint on May 25, 1978. From the complaint as amended, it appears that on September 20, 1977, plaintiff and defendant Spartan Foods entered into a written contract…

2Cases cited6 opinions

  1. Mrs. Carmella M. Borelli v. City of ReadingCourt of Appeals for the Third Circuit · 1976
  2. Jung v. K. & D. Mining Co.Supreme Court of the United States · 1958
  3. Trabits v. First National Bank of MobileSupreme Court of Alabama · 1975
  4. Midwestern Developments, Inc. v. The City of Tulsa, Oklahoma, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1963
  5. Jeralee A. Tietz v. Local 10 of the International Association of Bridge, Structural and Ornamental Iron WorkersCourt of Appeals for the Eighth Circuit · 1975

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Harmon v. Motors Ins. Corp.Supreme Court of Alabama · 1986
  2. Hibbett Sporting Goods, Inc. v. BiernbaumSupreme Court of Alabama · 1979
  3. Haddox v. First Alabama Bank of MontgomerySupreme Court of Alabama · 1984
  4. Mayo v. AndressSupreme Court of Alabama · 1979
  5. Environmental Systems v. Rexham Corp.Supreme Court of Alabama · 1993

20 more not listed; retrieve them via the Exa API.

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