Ray v. Midfield Park, Inc.

308 So.2d 686 (1975)

John C. RAY and Richard M. Plough

v.

MIDFIELD PARK, INC.

SC 742.

Supreme Court of Alabama.

February 13, 1975.

Rehearing Denied March 6, 1975.

Collins & Johnston, Birmingham, for appellants.

Stone, Patton & Kierce, Bessemer, for appellee.

ON REHEARING

MADDOX, Justice.

The sole question presented here is: Was summary judgment appropriate? The case has been here before. Ray and Plough v. Midfield Park, Inc., 289 Ala. 137, 266 So.2d 291 (1972). The facts surrounding the controversy are contained in that opinion and are not set out fully here, but succinctly stated, the dispute involves…