TENNESSEE ASPHALT COMPANY V. BRIAN FULTZ - Articles

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Posted by: Tanja Trezise on Sep 20, 2013

Court: TN Court of Appeals

Attorneys 1:

Dale Bohannon, Cookeville, Tennessee, for the appellant, Tennessee Asphalt Company.

Attorneys 2:

Edward J. Shultz, Knoxville, Tennessee, for the appellee, Brian Fultz.

Judge(s): MCCLARTY

This is a breach of contract case in which Company sought to hold Defendant personally liable for the amount remaining on a contract. During Company’s proof-in-chief, Defendant used parol evidence attempting to show that while he signed the contract, the parties understood that he was signing as a representative of his business. Following Company’s presentation of its proof, Defendant moved for involuntary dismissal pursuant to Rule 41 of the Tennessee Rules of Civil Procedure. The trial court granted Defendant’s motion, finding that Company failed to establish that Defendant was personally liable. Company appeals. We affirm the decision of the trial court.

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