IN RE JOLLY

No. 76-1794.

574 F.2d 349 (1978)

In re Lawrence N. JOLLY, Debtor. CHATTANOOGA MEMORIAL PARK, Plaintiff-Appellant, v. C. Kenneth STILL, Chapter XIII Trustee, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 13, 1978.

Rehearing Denied June 6, 1978.


Attorney(s) appearing for the Case

Allison G. Ulin, Paty, Lawrence & Rymer, Chattanooga, Tenn., for plaintiff-appellant.

Kyle R. Weems, Weill, Ellis, Weems & Copeland, Lawrence R. Ahern, III, Miller, Martin, Hitching, Tipton, Lenihan & Waterhouse, Chattanooga, Tenn., for defendant-appellee.

Before WEICK, PECK and ENGEL, Circuit Judges.


PECK, Circuit Judge.

In 1972, Lawrence Jolly purchased the right to four burial spaces in the Chattanooga Memorial Park and perpetual care and maintenance of the spaces by the Park. Jolly made a downpayment of $40.00, and financed the balance of $688.80 (including interest), by executing a negotiable instrument promising to pay 48 installments of $14.35 each. The contract included an acceleration clause, providing that in...

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