KING v. BROOKS


562 S.W.2d 422 (1978)

S.H. KING, Mayor and Cecil E. Byrd, William B. Hatcher, Bud Allison, William R. (Billy) Moore, Joe J. Faison, Jr., and H. Donald Holman, Aldermen of the City of Fayetteville, in their official capacity as the board of Mayor and Aldermen of the City of Fayetteville, Tennessee, and Charles Burklin, William R. (Billy) Moore, Gerald Haislip, Sam Ashby, Jr., and T.C. Widner, in their official capacity as the City of Fayetteville Water and Sewer System Board, Petitioners, v. Thomas A. BROOKS, Paul W. Hancock, Sr., and John R. O'Neal in their official capacity as commissioners of the Highland Rim Utility District of Lincoln County, Tennessee and T.V. Faulkner, Bill Farrar and Edward Sullivan in their official capacity as commissioners of the Mulberry Utility District, Respondents.

Supreme Court of Tennessee.

March 6, 1978.


Attorney(s) appearing for the Case

Thomas O. Bagley, Stevens, Bagley & Stevens, Fayetteville, for petitioners.

Fred I. Womack, Womack & Mason, Don Wyatt, Fayetteville, for respondents.


COOPER, Justice.

OPINION

This is a suit for breach of contract. The controlling issue is whether and to what extent an interpretation of the contract provision in dispute made in a prior action between the parties is binding on them in the present suit, and dispositive of the questions presented in it.

In 1965 and 1966, respectively, the City of Fayetteville entered into contracts with the Highland Rim Utility District and the Mulberry Utility District...

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