Durham v. Harbin

530 So. 2d 208 (1988)

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Durham v. Harbin

Alabama Supreme Court
530 So. 2d 208 (1988)

Facts

Anthony Durham and his wife, Sheila Durham (plaintiffs), sued Frank Harbin and his wife, Angela Harbin (defendants), for breach of contract. The Durhams claimed to have paid Frank to buy a parcel of land owned by Frank’s construction company. The Durhams alleged that Frank broke his promise to convey title to the parcel upon receipt of payment. Two typewritten letters appeared to support the Durhams’ allegations. Both letters bore the construction company’s letterhead. The first letter was unsigned. The second letter bore only Angela’s signature. The evidence showed that Angela had typed both letters, but there was no evidence that Angela had done so as Frank’s agent or with Frank’s knowledge and approval. The trial court granted summary judgment for the Harbins, and the Durhams appealed to the Alabama Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Houston, J.)

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