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FOLEY v. DAYTON BANK & TRUST

696 S.W.2d 356 (1985)

Marvin A. FOLEY, William E. Ball, III, and Johanna M. Foley, Plaintiffs-Appellants, v. DAYTON BANK & TRUST and Homer Mayfield, Defendants-Appellees.

Court of Appeals of Tennessee, Western Section, at Knoxville.

Application for Permission to Appeal Denied June 3, 1985.

Attorney(s) appearing for the Case

William H. Hall, Chattanooga, for plaintiffs-appellants.

C.P. Swafford, Dayton, for defendant-appellees.

CRAWFORD, Judge.

In this non-jury case, plaintiffs, Marvin A. Foley, William E. Ball, III, and Johanna M. Foley, buyers of a used truck from defendant, Dayton Bank and Trust, appeal from the order of the Chancery Court dismissing their suit to rescind the transaction. Plaintiffs' complaint alleges in substance that they purchased a 1977 International Transtar II truck from Dayton; that Mayfield, the representative of the bank handling the transaction, "stated emphatically...

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