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ANTHONY v. TIDWELL

560 S.W.2d 908 (1977)

Robert ANTHONY, Petitioner, v. J.T. and Gerald TIDWELL, Respondents.

Supreme Court of Tennessee.

December 27, 1977.

Attorney(s) appearing for the Case

John S. Porter, Burch, Porter & Johnson, Memphis, for petitioner.

Charles S. Kelly, Kelly & Dearing, Dyersburg, for respondents.

OPINION

COOPER, Justice.

This case presents the question of whether the defense of the statute of frauds may be raised by a motion to dismiss for failure to state a claim brought under T.R.Civ.P. 12.02(6).

The plaintiffs J.T. Tidwell and Gerald Tidwell filed a complaint in which they asserted that they had entered into an oral contract with defendant Robert Anthony to purchase one hundred head of cattle...

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