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MITCHELL v. SINCLAIR REFINING COMPANY

428 S.W.2d 299 (1968)

Mae P. MITCHELL, Plaintiff-in-Error, v. SINCLAIR REFINING COMPANY, Defendant-in-Error.

Supreme Court of Tennessee.

April 19, 1968.

Attorney(s) appearing for the Case

John A. Armstrong, Greeneville, Tenn., for plaintiff in error.

Milligan, Silvers & Coleman, Greeneville, Tenn., for defendant in error.

OPINION

CHATTIN, Justice.

This suit was originally brought by Arthur F. Mitchell and wife, Mae P. Mitchell, against Sinclair Refining Company for damages to real estate owned by them as tenants by the entirety.

A plea in abatement was filed which alleged the husband had executed an agreement which relieved defendant from the damages sought. This agreement will be referred to later in this opinion.

The trial judge sustained the plea in abatement...

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