Head v. Henry Tyler Construction Corp.
Alabama Supreme Court
539 So.2d 196 (1988)
- Written by Robert Cane, JD
Facts
Beverly Head, Jr. and James Forman, Jr. (defendants) were partners of Costa and Head (Atrium), Ltd. (Atrium) through their partnership interests in Costa and Head Land Company (Land Company). Land Company was the sole general partner of Costa and Head (Birmingham One), Ltd. (Birmingham One). Birmingham One was the sole general partner of Atrium. Atrium entered into a construction contract with Henry Tyler Construction Corporation (HTCC) (plaintiff). Atrium paid about half of the money it owed HTCC for construction. HTCC filed a lawsuit for the debt. In its amended complaint, HTCC named the three partnerships, Atrium, Birmingham One, and Land Company, and five individuals, including Beverly Head, Jr., and James Forman, as defendants. During the course of the litigation, HTCC learned that the three partnerships were going through bankruptcy proceedings. HTCC filed a motion for summary judgment against Head and Forman. The lower court granted HTCC’s motion for summary judgment. Head and Forman appealed to the Alabama Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Beatty, J.)
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