Opinion FlashDecember 04, 2003Volume 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel 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 PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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