Opinion

Wilson v. Sand Mountain Funeral Home, Inc.

  • 739 So. 2d 1123
  • 1999 Ala. Civ. App. LEXIS 130
  • 1999 WL 112529
Court
Court of Civil Appeals of Alabama
Filed
Mar 5, 1999
Status
Published
Author
Thompson
On the bench
Monroe, Robertson, Yates, Crawley, Thompson
Cited by
1 cases

holding that an offer to buy stock was impliedly revoked by the offeror’s service of a lawsuit on the offeree

How later courts described this case

  • holding that an offer to buy stock was impliedly revoked by the offeror’s service of a lawsuit on the offeree
  • “Sand Mountain’s action in suing Wilson regarding his alleged wrongful acquisition of stock and intentional devaluation of stock constitutes a ‘definite action inconsistent with an intention to enter into the proposed contract’ [to purchase Wilson’s stock shares for $25 each]. Thus, Wilson’s power of acceptance was terminated when he was served with the lawsuit.”(citations omitted)

Written by the judges who cited it.

The opinion

THOMPSON, Judge,

concurring in part and dissenting in part.

I believe it is clear that the jury found in favor of Sand Mountain on Wilson’s claim for salary and commission. Therefore, I would affirm the trial court’s judgment as a matter of law on that claim.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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