THOMAS ENERGY CORPORATION v. CATERPILLAR FINANCIAL SERVICES CORPORATION - Articles

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Posted by: Tanja Trezise on Dec 29, 2014

Court: TN Court of Appeals

Attorneys 1:

Rick J. Bearfield, Johnson City, Tennessee, for the appellant, Thomas Energy Corporation.

Attorneys 2:

Gary L. Edwards, II, Johnson City, Tennessee, for the appellee, Caterpillar Financial Services Corporation.

Judge(s): MCCLARTY

This is a breach of contract and promissory estoppel action in which Plaintiff filed suit against Defendant for failure to fulfill an oral modification of leases for several pieces of earthmoving equipment. Defendant denied wrongdoing and filed a motion for summary judgment. The trial court granted the motion, in part, and dismissed the promissory estoppel claim. The case proceeded to a jury trial on the breach of contract claim, but the jury failed to render a verdict. The court declared a mistrial, and Defendant filed a renewed motion for a directed verdict. The court granted the motion and dismissed the case. Plaintiff appeals. We affirm the decision of the trial court.

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