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  5. 568 S.W.2d 821 (1978)
 

U.S. FIDELITY, ETC. v. THOMPSON & GREEN, ETC.

568 S.W.2d 821 (1978)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Petitioner, v. THOMPSON AND GREEN MACHINERY COMPANY, INC., Respondent.

Supreme Court of Tennessee.

Rehearing Denied July 24, 1978.

Attorney(s) appearing for the Case

Louis Farrell, Jr., David G. Gray, Nashville, for petitioner.

Lewis B. Hollabaugh, Olin White, Manier, White, Herod, Hollabaugh & Smith, Nashville, for respondent; W. Harold Bigham, Gullett, Steele, Sanford & Robinson, Nashville, of counsel.

OPINION

BROCK, Justice.

This is an action to recover rent from an alleged lessee and its surety. The claim of Thompson and Green Machinery Company, a dealer in heavy construction equipment, arises out of defaults by James F. Gregory, Inc., a highway contractor, in the payment of monthly installments due plaintiff on thirty items of road-building equipment under twenty-six written agreements, plus certain repairs and parts furnished by Thompson and Green...

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