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CITY OF COLUMBIA v. C.F.W. CONST. CO.

557 S.W.2d 734 (1977)

CITY OF COLUMBIA, Tennessee, Petitioner, v. C.F.W. CONSTRUCTION CO. and Sherman Concrete Pipe Co., Respondents.

Supreme Court of Tennessee.

November 25, 1977.

Attorney(s) appearing for the Case

Cain & Moore, Columbia, for petitioner.

MacFarland, Colley, Blank & Jack, Columbia, Howser, Thomas, Summers, Binkley & Archer, Nashville, for respondents.

OPINION

BROCK, Justice.

Plaintiff, City of Columbia, sues the defendants, C.F.W. Construction Company, a general contractor, and Sherman Concrete Pipe Company, a pipe manufacturer, for specific performance or, in the alternative, for damages alleging deficiencies in performance of a sewer construction contract. Right to relief was based both upon the original construction contract and a later executed guaranty agreement. At the close of plaintiff's proof...

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