Opinion Flash

December 04, 2003
Volume 9 — Number 221

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


AMERICAN EXCAVATORS, LLC v. RCR BUILDING CORPORATION, ET AL.

Court:TCA

Attorneys:                          

Todd E. Panther, Nashville, Tennessee, for the Appellant, American
Excavators, LLC.

Gregory L. Cashion and S. Joseph Welborn, Nashville, Tennessee, for
the Appellee, RCR Building Corporation.

Judge: SWINEY

First Paragraph:

American Excavators, LLC ("Plaintiff") entered into a subcontract
agreement with RCR Building Corporation ("Defendant") which required
Plaintiff to perform excavation and utilities work for the  Williamson
County community services building.   The subcontract agreement
provided  for certain excavation work to be done for a lump sum and
states that "[a]ny additional undercutting and refilling of areas due
to unsuitable soils will be done for a unit price of $12.50 per cubic
yard."  Plaintiff claims that while performing the work, it
encountered a large amount of unsuitable soil that it removed and
replaced.  Plaintiff later submitted change orders to Defendant
requesting to be paid for the removal of the alleged unsuitable soil. 
Defendant paid a portion of the change orders, but refused to pay the
entire amount.  Plaintiff sued for breach of contract.  After a bench
trial, the Trial Court dismissed Plaintiff's claims against Defendant.
 Plaintiff appeals.  We affirm.

http://www.tba.org/tba_files/TCA/americanexcavators.wpd

WILLIAM J. REINHART and JUDITH F. REINHART, v. ROBERT T. KNIGHT,
GLENDA KNIGHT, BOB PARKS and JOHN E. HARNEY, III,
WITH DISSENTING OPINION

Court:TCA

Attorneys:                          

Bradley A. Maclean, Stephen H. Price, and Paul E. Helton, Nashville,
Tennessee, for the appellants, Robert T. Knight, Glenda Knight, Bob
Parks and John E, Harney, III.

J. Stanley Rogers and Christina Henley Duncan, Manchester, Tennessee,
for the appellees, William J. Reinhart and Judith F. Reinhart.

Judge: BROTHERS

First Paragraph:

This appeal involves claims of breach of contract for sale of real
estate and procurement of breach of contract.  After a jury trial, the
defendants Robert and Glenda Knight were found to have breached the
real estate sales contract with the plaintiffs and plaintiffs were
awarded $185,476.48.  The jury also found that the defendants Bob
Parks and John Harney procured the breach of contract by the Knight
defendants and awarded plaintiffs $556,429.44.  The trial judge
remitted the damage award against the Knights to $0.00. For the
reasons set forth below, we reverse the  remittitur suggested by the
trial court and reinstate the jury verdict of $185,476.48 against the
Knights.  We affirm the judgment in all other respects and remand this
matter for such further proceedings as may be consistent with this
opinion.


http://www.tba.org/tba_files/TCA/reinhartwj_opn.wpd

DISSENTING OPINION
http://www.tba.org/tba_files/TCA/reinhartwj_dis.wpd

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