HODGE v. DMNS CO.


652 S.W.2d 762 (1982)

W.L. HODGE and Mattie Lou Jordon Johnson, Plaintiffs-Appellees, v. DMNS COMPANY, a Partnership composed of John E. Davis, Jr., William M. Nash, Bobby Gene Spivey and Carl F. Montgomery, Defendants-Appellants.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied February 22, 1983.


Attorney(s) appearing for the Case

John C. Kersey, Murphy & Kersey, Smyrna, for plaintiffs-appellees.

Thomas V. White, Ben C. Fordham, Tune, Entrekin & White, Nashville, for defendants-appellants.


Permission to Appeal Denied by Supreme Court February 22, 1983.

OPINION

CANTRELL, Judge.

The primary issue in this case is whether a due-on-sale clause in a deed of trust is activated when the partnership-debtor undergoes a fundamental change by withdrawal of two of the four partners. In addition, the appellees contend that the clause was activated by an aborted sale of the property by the partnership to the remaining two partners. The appellants...

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