Smith Family Companies v. Home Depot

Full title: SMITH FAMILY COMPANIES, INC., d/b/a Smith Companies v. The HOME DEPOT…

Court: Supreme Court of Alabama

Date published: Oct 24, 2003

880 So. 2d 427 (Ala. 2003)

Opinion

1021291.

October 24, 2003.

Appeal from Jefferson Circuit Court (CV-02-2126); J. Scott Vowell, Judge.

Tony S. Hebson and Cathey E. Berardi of Hebson Slate, Birmingham, for appellant.

Thomas S. Hale and Scott W. Gosnell of Burgess Hale, L.L.C., Birmingham, for appellees.

WOODALL, Justice.

AFFIRMED. NO OPINION.

See Ala. R.App. P. 53(a)(1) and (a)(2)(E). See also Ala. R.App. P. 28(a)(10); Bruce v. Cole, 854 So.2d 47, 59 (Ala. 2003); Birmingham Hockey Club v. National Council on Comp. Ins., 827 So.2d 73, 85 (Ala. 2002); Smith v. Equifax Servs., Inc., 537 So.2d 463, 465 (Ala. 1988); Hickman v. Winston County Hosp. Bd., 508 So.2d 237 (Ala. 1987).

HOUSTON, SEE, LYONS, BROWN, and STUART, JJ., concur.

JOHNSTONE and HARWOOD, JJ., concur in part and dissent in part.

JOHNSTONE, Justice (concurring in part and dissenting in part).

I concur in affirming summary judgment in favor of defendant Burns on the plaintiff's tortious interference claim and in favor of defendant Home Depot on the plaintiff's promissory fraud claim. I respectfully dissent from affirming summary judgment in favor of Home Depot on the plaintiff's contract claim.

HARWOOD, Justice (concurring in part and dissenting in part).

I concur in affirming the summary judgment except insofar as it concerned the breach-of-contract claim. I conclude that, as to that claim, genuine issues of material fact exist with regard to whether one or the other of the two purchase-order memoranda sent by Smith Family Companies, Inc., to Home Depot, U.S.A., Inc., satisfied the requirement of § 7-2-201(2), Ala. Code 1975, when Home Depot gave no written notice of objection to the contents of those purchase-order memoranda.