TOWN OF CROSSVILLE HOUSING AUTHORITY v. JOHN A. MURPHY, ET AL. - Articles

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Posted by: Tanja Trezise on Jul 28, 2014

Court: TN Court of Appeals

Attorneys 1:

Brandon Layne Morrow and John E. Winters, Knoxville, Tennessee, for the appellant, Town of Crossville Housing Authority.

Attorneys 2:

Christopher Dunn Heagerty and Lisa Jellison Hall, Knoxville, Tennessee, for the appellees, Adren Greene, John A. Murphy, Paul A. Murphy, III and Murphy Development, LLC

Judge(s): FARMER

The buyers of an apartment complex brought this action against the sellers for breach of contract and intentional misrepresentation after discovering that several representations made by the sellers in the transactional documents were false. The buyers challenge the propriety of the trial court’s grant of summary judgment to the defendants. After review, we conclude that the defendants are entitled to summary judgment on the plaintiff’s breach of contract claims, and that Paul Murphy and John Murphy are entitled to summary judgment on the plaintiff’s intentional misrepresentation claims. As to the remainder of the defendants, we conclude that summary judgment on the plaintiff’s intentional misrepresentation claims was improper because they did not meet their initial burden of production on summary judgment. We affirm in part and reverse in part the trial court’s judgment and remand for further proceedings.

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