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10/21/94 MARINE SYSTEMS v. DAVID J. SLYMAN

October 21, 1994

MARINE SYSTEMS, INC.
v.
DAVID J. SLYMAN, SR.



Appeal from Colbert Circuit Court. (CV-92-19). N. Pride Tompkins, TRIAL JUDGE.

Released for Publication January 27, 1995.

Holmes

The opinion of the court was delivered by: Holmes

HOLMES, Retired Appellate Judge

David J. Slyman, Sr., sued Marine Systems, Inc. (Marine Systems), for breach of contract. The basis of Slyman's lawsuit was that Marine Systems failed to build a boat dock in a satisfactory manner.

Marine Systems filed an answer and a counterclaim, wherein it alleged that Slyman had breached the contract between the parties when he failed to pay an installment due under the contract.

Marine Systems filed a motion for summary judgment, which was denied.

The case was tried non-jury. The trial court found in favor of Slyman on the original complaint and assessed his damages at $15,000. The counterclaim filed by Marine Systems was denied.

Marine Systems appeals. This case is before this court pursuant to Ala. Code 1975, § 12-2-7(6). We affirm.

The dispositive issue is whether the trial court's actions were supported by the evidence. We find that the evidence supports the judgment in favor of Slyman.

It is not necessary to set out in detail the facts surrounding this appeal.

When we view the record with the attendant presumptions accorded the trial court's actions, the following is revealed: In September 1991 Slyman and Marine Systems entered into a contract, wherein Marine Systems agreed to construct a pier for Slyman. The contract price was $22,376, plus tax, to be paid in three installments.

Slyman wished to have the pier constructed at his lakeside residence in order to hold, secure, and dock his yacht, which was 52 feet long, 17 feet wide, and weighed 80,000 pounds. Slyman testified that he advised the representative from Marine Systems of the reasons he desired to have the pier constructed.

Slyman paid the first installment at the time he executed the contract. The materials were delivered and construction commenced. Under the terms of the contract, the second installment was due when the materials were delivered. Slyman testified that it became obvious to him in the early stages of construction that the pier being constructed would not be sufficient to hold, secure, and dock his yacht. In fact, both Slyman and his son testified ...


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