Daugherty v. Gulf Shores Motel, Inc.

MERRILL, Justice.

This suit began on October 1, 1971, when Malone Construction, Inc., hereinafter called Malone, filed a bill for declaratory judgment in equity against Gulf Shores Motel, Inc., hereinafter called Gulf Shores, alleging that Gulf Shores was complaining about various defects in the construction of a motel which Malone had contracted to build for Gulf Shores and had completed.

Later in the same month, Gulf Shores filed a suit at law against Malone and H. L. Daugherty, the project engineer who had drawn the plans, charging breach of contract. Malone sought and secured an injunction…