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STATE v. PATTERSON

No. 83-129-III.

755 S.W.2d 815 (1984)

STATE of Tennessee, Appellee, v. James T. PATTERSON, Appellant.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied August 27, 1984.

Attorney(s) appearing for the Case

Jerry L. Smith, Asst. Atty. Gen., Nashville, Joseph D. Baugh, Dist. Atty. Gen., Franklin, for appellee.

Ernest W. Williams, Franklin, for appellant.

Permission to Appeal Denied by Supreme Court August 27, 1984.

OPINION

DAUGHTREY, Judge.

The dispositive question presented by this appeal is whether the Tennessee statute prohibiting misapplication of contract payments applies to a real estate contract when the payor does not have actual title to the property under construction.

This issue has not been decided previously by the Tennessee courts...

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