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Mr. and Mrs. Henry Ford and Mr. and Mrs. Bobby Blackmon v. Alabama By-Products.
Opinions in this case
- Majority
- Dissent — Adams
- On rehearing
PER CURIAM.
Affirmed on the authority of Vaughn v. Thomas, 372 So.2d 1309, 1311 (Ala.1979), “A party cannot try his case on one theory and then appeal on a separate theory,” and Haskew v. Bradford, 370 So.2d 259, 262 (Ala.1979), “A question of law which was not presented to nor passed upon by the trial court cannot be raised on appeal.”
AFFIRMED.
All the Justices concur.