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WAGNER v. FRAZIER

712 S.W.2d 109 (1986)

Clara Brainard WAGNER, Plaintiff-Appellee, v. Walter G. FRAZIER, Jr., Defendant-Appellant, United States Fidelity and Guaranty Company, Defendant-Appellant, James R. Reed and Leon Denney, Defendants.

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

Permission to Appeal Denied May 27, 1986.

Attorney(s) appearing for the Case

Hugh C. Howser, Trabue, Sturdivant & DeWitt, Nashville, for plaintiff-appellee Clara Brainard Wagner.

Louis Farrell, Jr., Nashville, for defendant-appellant USF & G.

Glendon Fisher, Jr., Nashville, for defendant-appellant Walter G. Frazier, Jr.

Tom Harris, Ashland City, for defendants Denney and Reed's Ins. Agency.

Permission to Appeal Denied by Supreme Court May 27, 1986.

OPINION

CANTRELL, Judge.

This is a dispute between an owner-developer and the general contractor and his surety. The contractor asserts on appeal that the evidence preponderates against the judgment of the Chancellor. The surety asserts, in addition to several suretyship defenses, that because the plaintiff died during the pendency of the suit and the case was not revived within ninety days...

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