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10/18/91 CAROL J. KELSOE v. INTERNATIONAL WOOD

October 18, 1991

CAROL J. KELSOE
v.
INTERNATIONAL WOOD PRODUCTS, INC., D/B/A NATIONAL WOOD PRODUCTS, INC.



Appeal from Mobile Circuit Court; No. CV-89-870.

Houston, Justice. Hornsby, C. J., and Maddox, Shores, and Kennedy, JJ., concur.

The opinion of the court was delivered by: Houston

The sole issue presented in this case is whether the trial court erred in directing a verdict for International Wood Products, Inc., d/b/a National Wood Products, Inc. ("International Wood"), on Carol J. Kelsoe's claim for breach of contract. *fn1 We affirm.

Our standard of review requires us to view the evidence in the light most favorable to Kelsoe. See Alabama Power Co. v. Williams, 570 So.2d 589 (Ala. 1990). Viewed in that light, the evidence shows that Kelsoe's employer, International Wood, through Rene Hernandez, Sr., one of the corporation's directors and its major stockholder, promised Kelsoe that it would issue five percent of the corporation's stock (500 shares) to her at par value ($.10 per share). Kelsoe's undisputed trial testimony reflects the nature of that promise:

"Q. Ms. Kelsoe, you were compensated for your work at International Wood, weren't you?

"A. Yes, sir, I received a check.

"Q. Were you pleased with your compensation?

"A. Yes, sir.

"Q. Did you think you were compensated well enough for the work you did?

"A. I worked long hours, long hours.

"Q. My question was did you think that you were adequately compensated for the work you did?

"A. Yes, sir.

"Q. Ms. Kelsoe, you never entered an agreement with Mr. Hernandez; 'Mr. Hernandez, if I work long and hard and do this' and then he said, 'I'll give you ...


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