Supreme Court of Alabama

Wausau Development Corporation v. Natural Gas & Oil, Inc.

November 22, 20132013 Ala. LEXIS 168

Summary

The Alabama Supreme Court reversed the circuit court’s judgment granting summary judgment to Natural Gas & Oil because the trial court improperly applied the door‑closing capacity defense without a required specific negative averment, and clarified that such a defense must be pleaded by the party asserting it under Rule 9(a).