Head v. Vulcan Painters, Inc.

Supreme Court of Alabama

Head v. Vulcan Painters, Inc.

541 So. 2d 11, 1989 Ala. LEXIS 59, 1989 WL 24669

CourtSupreme Court of Alabama

DecidedFebruary 24, 1989

Docket87-1576

StatusPublished

This text of 541 So. 2d 11 (Head v. Vulcan Painters, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Head v. Vulcan Painters, Inc., 541 So. 2d 11, 1989 Ala. LEXIS 59, 1989 WL 24669 (Ala. 1989).

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Opinion

Defendants Beverly P. Head, Jr., Nelson H. Head, and James R. Forman appeal from the summary judgment entered in favor of plaintiff, Vulcan Painters, Inc., in the amount of $10,499.09 in its suit on its contract with Costa Head (Atrium), Ltd., an Alabama limited partnership. *Page 12

The Heads and Forman are general partners in Costa Head Land Company, an Alabama general partnership, which is a general partner in Costa Head (Birmingham One), Ltd., an Alabama limited partnership, and Birmingham One is a general partner in Atrium. Vulcan Painters sued the Heads and Forman, as well as the other partnerships, on June 26, 1986, for their failure to pay Vulcan Painters under their contract with it by which it was to do certain painting, cleaning, and priming work on a project called "The Atrium" in Birmingham. Shortly thereafter, Costa Head (Atrium), Costa Head (Birmingham One), and Costa Head Land Company filed Chapter 11 bankruptcy petitions. The sole issue on appeal is whether a partnership creditor may recover a judgment against the individual partners of a debtor partnership before exhausting the partnership assets.

This case is controlled by our recent decision in Head v.Henry Tyler Construction Corp., 539 So.2d 196 (Ala. 1988), and the judgment is due to be affirmed.

AFFIRMED.

HORNSBY, C.J., and MADDOX, ALMON and ADAMS, JJ., concur.

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Defendants Beverly P. Head, Jr., Nelson H. Head, and James R. Forman appeal from the summary judgment entered in favor of plaintiff, Vulcan Painters, Inc., in the amount of $10,499.09 in its suit on its contract with Costa Head (Atrium), Ltd., an Alabama limited partnership. *Page 12

The Heads and Forman are general partners in Costa Head Land Company, an Alabama general partnership, which is a general partner in Costa Head (Birmingham One), Ltd., an Alabama limited partnership, and Birmingham One is a general partner in Atrium. Vulcan Painters sued the Heads and Forman, as well as the other partnerships, on June 26, 1986, for their failure to pay Vulcan Painters under their contract with it by which it was to do certain painting, cleaning, and priming work on a project called "The Atrium" in Birmingham. Shortly thereafter, Costa Head (Atrium), Costa Head (Birmingham One), and Costa Head Land Company filed Chapter 11 bankruptcy petitions. The sole issue on appeal is whether a partnership creditor may recover a judgment against the individual partners of a debtor partnership before exhausting the partnership assets.

This case is controlled by our recent decision in Head v.Henry Tyler Construction Corp., 539 So.2d 196 (Ala. 1988), and the judgment is due to be affirmed.

AFFIRMED.

HORNSBY, C.J., and MADDOX, ALMON and ADAMS, JJ., concur.

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Bluebook (online)

541 So. 2d 11, 1989 Ala. LEXIS 59, 1989 WL 24669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/head-v-vulcan-painters-inc-ala-1989.

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