(Download) "Charles W. Faithful v. John R. Gardner and" by Western Section, at Jackson Court of Appeals of Tennessee " Book PDF Kindle ePub Free
eBook details
- Title: Charles W. Faithful v. John R. Gardner and
- Author : Western Section, at Jackson Court of Appeals of Tennessee
- Release Date : January 08, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Charles W. Faithful (hereafter "Plaintiff") filed suit for declaratory judgment in the Chancery Court of Shelby County, seeking
the construction of a real estate sales contract (hereafter "contract") along with a declaration that he had not breached
the contract and was not obligated to pay any sums of money to John R. Gardner and Gwendolyn Gardner (hereafter "Defendants"),
the other parties to the contract for the sale of a subdivision lot. Both Plaintiff and Defendants filed motions for summary
judgment. Following a hearing, the chancellor granted Plaintiff's motion for summary judgment while denying Defendants' motion.
The chancellor further held that Defendants were not entitled to an abatement of the purchase price. The sole issue presented
by this appeal is whether or not the chancellor erred in granting Plaintiff's summary judgment motion and denying Defendants'
summary motion. We find no error and affirm. The majority, if not all, of the facts relevant to the issue on appeal in this case are undisputed. Plaintiff was the owner
of one or more lots in a commercial subdivision known as Crestview Subdivision in the Bartlett area of Shelby County. The
real estate that is the subject of this litigation is known as Lot 1. A subdivision plat was prepared by Marshall Colvin,
a consulting engineer of Colvin Associates, hired by plaintiff for that purpose. A copy of the plat is attached to this opinion
as an appendix.