ELIZABETH C. WRIGHT v. FREDERICO A. DIXON, III - Articles

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Posted by: Tanja Trezise on Nov 29, 2012

Court: TN Court of Appeals

Attorneys 1:

James B. Johnson, Nashville, Tennessee, for the appellant, Frederico A. Dixon, III.

Attorneys 2:

Lewis S. Howard, Jr., and Elizabeth D. Sherrod, Knoxville, Tennessee, for the appellee, Elizabeth C. Wright.

Judge(s): SUSANO

Elizabeth C. Wright (“the Seller”) filed suit against Frederico A. Dixon, III (“the Buyer”) for breach of a contract to purchase real property. The contract allowed the Buyer to terminate in the event he was unable to obtain financing. Under the contract, termination was to be effective only if notice of same was “received.” The Buyer claims to have sent a notice of termination through his agent by fax to the Seller. The Seller claims that she did not receive it. The trial court found that the attempted termination was ineffective because it was not received. The Buyer appeals. We affirm.

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