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SILVER HOMES, INC. v. MARX & BENSDORF, INC.

333 S.W.2d 810 (1960)

SILVER HOMES, INC., et al., Appellees. v. MARX & BENSDORF, INC., Appellant.

Supreme Court of Tennessee.

March 11, 1960.

Attorney(s) appearing for the Case

Rosenfield, Borod, Fones & Bogatin, Memphis, for appellant.

Martin, Tate & Morrow, Memphis, for Silver Homes, Inc. and Houston C. Gann and wife.

White, Gullett, Phillips & Steele, Nashville, amicus curiae, representing Tennessee Mortgage Bankers Association.

TOMLINSON, Justice.

This is an appeal from the Chancellor's decree pronouncing a declaratory judgment in a suit commenced by a bill which states a justiciable controversy between complainants and defendant. The memorandum opinion of the Chancellor succinctly states the determinative question as follows:

"This is an original bill for a declaratory judgment to determine whether a loan, insured by the Federal Housing Administration, requiring 5¾% interest...

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