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Posted by: Landry Butler on Feb 3, 2017

Court: TN Court of Appeals

Attorneys 1:

Mark J. Grai, Memphis, Tennessee, for the appellant, Adel Elrafei.

Attorneys 2:

Ross E. Webster, Memphis, Tennessee, for the appellee, Bull Market, Inc.

Judge(s): BENNETT

A purchaser of property entered into an installment contract and signed a promissory note specifying the day on which monthly payments were to be made. The purchaser began making payments on different days of the months and the seller accepted these payments over a course of years. Over seven years after the contract was executed, the seller sought to declare the contract null and void because the purchaser failed to tender his payment on the day specified in the note. The trial court awarded the seller relief and granted it possession of the property. The purchaser appealed, and we reverse the trial court’s judgment. We conclude the parties modified the terms of the promissory note through their course of conduct and that the purchaser did not breach the contract.