Opinion FlashDecember 04, 2003
Volume 9 Number 221
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
AMERICAN EXCAVATORS, LLC v. RCR BUILDING CORPORATION, ET AL. Court:TCA Attorneys: Todd E. Panther, Nashville, Tennessee, for the Appellant, American Excavators, LLC. Gregory L. Cashion and S. Joseph Welborn, Nashville, Tennessee, for the Appellee, RCR Building Corporation. Judge: SWINEY First Paragraph: American Excavators, LLC ("Plaintiff") entered into a subcontract agreement with RCR Building Corporation ("Defendant") which required Plaintiff to perform excavation and utilities work for the Williamson County community services building. The subcontract agreement provided for certain excavation work to be done for a lump sum and states that "[a]ny additional undercutting and refilling of areas due to unsuitable soils will be done for a unit price of $12.50 per cubic yard." Plaintiff claims that while performing the work, it encountered a large amount of unsuitable soil that it removed and replaced. Plaintiff later submitted change orders to Defendant requesting to be paid for the removal of the alleged unsuitable soil. Defendant paid a portion of the change orders, but refused to pay the entire amount. Plaintiff sued for breach of contract. After a bench trial, the Trial Court dismissed Plaintiff's claims against Defendant. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/americanexcavators.wpd
WILLIAM J. REINHART and JUDITH F. REINHART, v. ROBERT T. KNIGHT, GLENDA KNIGHT, BOB PARKS and JOHN E. HARNEY, III, WITH DISSENTING OPINION Court:TCA Attorneys: Bradley A. Maclean, Stephen H. Price, and Paul E. Helton, Nashville, Tennessee, for the appellants, Robert T. Knight, Glenda Knight, Bob Parks and John E, Harney, III. J. Stanley Rogers and Christina Henley Duncan, Manchester, Tennessee, for the appellees, William J. Reinhart and Judith F. Reinhart. Judge: BROTHERS First Paragraph: This appeal involves claims of breach of contract for sale of real estate and procurement of breach of contract. After a jury trial, the defendants Robert and Glenda Knight were found to have breached the real estate sales contract with the plaintiffs and plaintiffs were awarded $185,476.48. The jury also found that the defendants Bob Parks and John Harney procured the breach of contract by the Knight defendants and awarded plaintiffs $556,429.44. The trial judge remitted the damage award against the Knights to $0.00. For the reasons set forth below, we reverse the remittitur suggested by the trial court and reinstate the jury verdict of $185,476.48 against the Knights. We affirm the judgment in all other respects and remand this matter for such further proceedings as may be consistent with this opinion. http://www.tba.org/tba_files/TCA/reinhartwj_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCA/reinhartwj_dis.wpd
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