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CLARK v. ALBERTVILLE NURSING HOME, INC.

88-70.

545 So.2d 9 (1989)

E.L. CLARK v. ALBERTVILLE NURSING HOME, INC. and Audrey Cole.

Supreme Court of Alabama.

Rehearing Denied May 26, 1989.

Attorney(s) appearing for the Case

T.J. Carnes of Carnes & Carnes, Albertville, for appellant.

James D. Walker, Albertville, and J. Donald Reynolds, Montgomery, for appellees.

HOUSTON, Justice.

E.L. Clark sued Albertville Nursing Home ("the nursing home") and Audrey Hopper (now Audrey Cole) in the Marshall County Circuit Court, claiming that the nursing home was indebted to him for failure to pay a 5% increase in monthly rental allegedly due under a real estate lease. Clark filed a motion for summary judgment, and the trial court denied that motion.

The trial court heard ore tenus testimony and entered a judgment in favor...

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