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KENNEDY v. POLAR-BEK & BAKER WILDWOOD

1931434, 1931514.

682 So.2d 443 (1996)

Carter S. KENNEDY, individually and d/b/a Kennedy Realty Company v. POLAR-BEK & BAKER WILDWOOD PARTNERSHIP, et al. POLAR-BEK & BAKER WILDWOOD PARTNERSHIP, et al. v. Carter S. KENNEDY, individually and d/b/a Kennedy Realty Company.

Supreme Court of Alabama.

September 13, 1996.

Attorney(s) appearing for the Case

Jesse P. Evans III, Douglas L. McWhorter and Laurie Boston Sharp of Najjar Denaburg, P.C., Birmingham, and James J. Odom, Jr., Birmingham, for Carter S. Kennedy.

Walter J. Sears III and Philip J. Carroll III of Bradley, Arant, Rose & White, Birmingham, for Polar-BEK & Baker Wildwood Partnership et al.

On Application for Rehearing

PER CURIAM.

The opinion of June 28, 1996, is withdrawn, and the following opinion is substituted therefor.

Carter S. Kennedy, a licensed real estate broker, sued Polar-BEK & Baker Wildwood Partnership ("Polar-BEK"), seeking damages for the breach of an express contract to pay a 5% real estate sales commission. In the alternative, Kennedy claimed the breach of an implied-in-fact contract to pay the 5% commission...

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