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Posted by: Landry Butler on Jan 25, 2018

Court: TN Court of Appeals

Attorneys 1:

Michael E. Richardson, Chattanooga, Tennessee, for the appellant, Lew Winters.

Attorneys 2:

H. Rowan Leathers and Valerie Diden Moore, Nashville, Tennessee, for the appellee, Southern Heritage Bank.

Judge(s): SWINEY

This appeal arises from an alleged breach of contract. Lew Winters (“Winters”) sued Southern Heritage Bank (“the Bank”) in the Circuit Court for Bradley County (“the Trial Court”) for, among other things, breach of contract. Specifically, Winters asserted that the Bank wrongly backed out of a tripartite agreement involving the Internal Revenue Service (“the IRS”) which would have allowed Winters to obtain financing for new tractors and therefore be able to continue operating his trucking company. The Bank filed a motion for summary judgment, arguing that no such agreement was reached. Instead, according to the Bank, the parties only engaged in discussions about a possible resolution. The Trial Court granted the Bank’s motion for summary judgment. Winters appealed to this Court. We hold, inter alia, that the purported oral agreement violates the Statute of Frauds. We affirm the judgment of the Trial Court.