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PINKERTON, ETC. v. NASHVILLE FLYING

402 S.W.2d 861 (1966)

PINKERTON AND LAWS COMPANY, for its own Use and for the Use of American Motorists Insurance Company, Plaintiff-in-Error, v. NASHVILLE FLYING SERVICE, INC., Defendant-in-Error.

Supreme Court of Tennessee.

April 15, 1966.

Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, Atlanta, Ga., Thomas, C. Binkley, Philip M. Carden, Nashville, of counsel, for plaintiff in error.

Joseph G. Cummings, of Boult, Hunt, Cummings & Conners, Nashville, for defendant in error.

CHATTIN, Justice.

Pinkerton and Laws Company, for its own use and for the use of American Motorists Insurance Company, has appealed from the action of the trial court in sustaining a demurrer to its declaration and has assigned error.

The allegations of the declaration, which on this appeal must be taken as true, are that on July 13, 1962, the plaintiff entered into a contract with the defendant, Nashville Flying Service, Inc., whereby the defendant agreed...

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