REED’S TRACK HOE & DOZIER SERVICE v. TERRY PATRICK DWYER - Articles

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Posted by: Tanja Trezise on Dec 7, 2012

Court: TN Court of Appeals

Attorneys 1:

Terry Patrick Dwyer, Defendant/Appellant, pro se

Attorneys 2:

Danny H. Goodman, Jr., Tiptonville, Tennessee, for the Plaintiff/Appellee, Reed’s Track Hoe & Dozier Service

Judge(s): KIRBY

This is a breach of contract case. The defendant entered into an oral contract with the plaintiff to demolish a dilapidated building. After the building was demolished, the defendant disputed the amount charged by the plaintiff and so refused to pay the plaintiff for his work. The plaintiff filed this lawsuit against the defendant alleging breach of contract. After a bench trial, the trial court held that the parties had entered into an oral agreement under which the plaintiff would be paid hourly for the demolition services, and that the defendant owed the plaintiff for the time spent on the job at the rates claimed by the plaintiff. The defendant now appeals. The appellate record does not contain a transcript; it contains only a statement of the evidence submitted by the defendant and not acted on by the trial court. We decline to consider the appellant’s proposed statement of the evidence, on the basis that, on its face, it does not convey a fair, accurate, and complete account of what transpired in the trial court as required under Rule 24 of the Tennessee Rules of Appellate Procedure. Left only with the technical record, we must assume that the evidence presented at trial supported the trial court’s decision. On this basis, the trial court’s decision is affirmed.