HERSHEL SANDERS ET AL. V. FIRST TENNESSEE BANK NATIONAL ASSOCIATION ET AL. - Articles

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Posted by: Suzanne Craig Robertson on May 23, 2018

Court: TN Court of Appeals

Attorneys 1:

Hershel Sanders and Alma Sanders, Cumberland County, Tennessee, appellants, pro se.

Attorneys 2:

Kristine L. Roberts and Samuel P. Strantz, Memphis, Tennessee, for the appellee, First Tennessee Bank National Association.

Judge(s): SUSANO

The plaintiffs, Hershel Sanders and his wife, Alma Sanders, secured a construction loan from the defendant, First Tennessee Bank, N. A., for the purpose of building a home in Cumberland County. The first contractor hired by the plaintiffs did not complete the construction in a timely fashion. At the urging of First Tennessee Bank, the plaintiffs dismissed the original contractor and hired a new one, who finished the job. The bank refused to make the plaintiffs a permanent loan. Ultimately, the property went into foreclosure. The plaintiffs sued the bank and others, alleging various theories of recovery. The case proceeded, but only as to one defendant – First Tennessee Bank – and only as to one theory, i.e., breach of contract to make the plaintiffs a permanent loan. First Tennessee Bank filed a motion to dismiss and for judgment on the pleadings. The trial court held that, since there is no written agreement signed by First Tennessee Bank reflecting a promise by it to make the plaintiffs a permanent loan, the plaintiffs’ suit is barred by the Statute of Frauds, Tenn. Code Ann. § 29-2-101 (2012). The trial court also granted the bank’s motion on another ground. The plaintiffs appeal. We affirm.

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