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WILLIAMS v. THOMPSON

443 S.W.2d 447 (1969)

James W. WILLIAMS and wife, Clara Ellen Williams, Appellees, v. John B. THOMPSON and Charles W. Russell, Individually and d/b/a Thompson and Russell Enterprises, and Thompson and Russell Builders, Inc., Appellants.

Supreme Court of Tennessee.

June 27, 1969.

Attorney(s) appearing for the Case

Rives Manker, Memphis, of counsel: Manker & Irons, Memphis, for appellees.

Lawson F. Apperson, Memphis, for appellants, Martin, Tate & Morrow, Memphis, of counsel.

OPINION

HUMPHREYS, Justice.

The primary issue here involved is whether the three year statute of limitations contained in T.C.A. § 28-305 for damage to property applies. By demurrer defendants contended this statute barred the action. The Chancellor overruled this contention, but allowed a discretionary appeal. We think the Chancellor erred.

The original bill admits upon its face the following facts: Complainants entered into a contract dated...

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