General Motors Acceptance Corp. v. Kendrick

SIMPSON, Justice.

This-is the second appeal'-óf-this case. The first,-General Motors Acceptance Corp. v. Kendrick, 270 Ala. 25, 115 So.2d 487, was from an interlocutory decree overruling demurrer to the bill of complaint. The facts of this case were sufficiently set forth in the former appeal, and only those necessary to our decision will be mentioned here.

The decedent, Henry Grissett, purchased a car on a conditional sales contract ; the contract was assigned to General Motors Acceptance Corporation (G.M.A.C.). The decedent was killed and the automobile was totally destroyed as a result of an…