Supreme Court of Alabama January 11, 1985, 83-1108 (Davis v. City of Mobile)

JONES, Justice.

Plaintiff Clarence Davis appeals from a Rule 54(b) order dismissing Defendant City of Mobile. The question before us involves the proper characterization of a particular cause of action. If the cause of action is in tort, Plaintiff’s cause is barred. On the other hand, if the cause of action is in contract, it is not barred.