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EDWARDS v. CENTRAL MOTOR COMPANY

277 S.W.2d 417 (1955)

H.C. EDWARDS, Jr., d/b/a Edwards Motor Company, Respondent, v. CENTRAL MOTOR COMPANY, Petitioner.

Supreme Court of Tennessee.

March 11, 1955.

Attorney(s) appearing for the Case

C. Vernon Hines, Nashville, for petitioner.

W. C. Sugg and S.L. Felts, Jr., Nashville, for respondent.

TOMLINSON, Justice.

Edwards, an automobile dealer, sold a specifically described automobile to T.C. McDonald. The parties treated it as a cash transaction wherein Edwards took in payment the check of McDonald "in lieu of cash", and, in return delivered to McDonald, together with possession of the car, a bill of sale which made no mention of the check. The check was promptly presented to the out of town bank upon which it was drawn, and payment by such bank refused...

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