Head v. Vulcan Painters, Inc.
Docket: 87-1576
Court: Supreme Court of Alabama; February 23, 1989; Alabama; State Supreme Court
Defendants Beverly P. Head, Jr., Nelson H. Head, and James R. Forman appeal a summary judgment in favor of Vulcan Painters, Inc., awarding $10,499.09 for breach of contract related to painting work on "The Atrium" project in Birmingham. The Heads and Forman, who are general partners in Costa. Head Land Company, were sued after their partnership entities filed for Chapter 11 bankruptcy. The critical issue on appeal is whether a partnership creditor can obtain a judgment against individual partners of a debtor partnership without first exhausting partnership assets. The court references its prior decision in Head v. Henry Tyler Construction Corp. and affirms the judgment in favor of Vulcan Painters. Justices Hornsby, Maddox, Almon, and Adams concur in the decision.