Tucker v. Walker

BLOODWORTH, Justice.

On this appeal by plaintiff Tucker from a summary judgment for defendants Walker, we reverse and remand.

Tucker’s complaint seeks $100,000 damages for the alleged breach by the Walkers of a contract whereby Tucker was to install kitchen equipment, landscape, and construct parking facilities at the Truss-ville Convalescent Home. 1 To the complaint the Walkers interposed the affirmative defense of illegal contract, alleging that the contract sued on was for construction work “costing” more than $20,000 and that Tucker was not, at the time of the making of the contract,…