DERRYBERRY v. HILL


745 S.W.2d 287 (1987)

Raymond V. DERRYBERRY and wife, Margaret S. Derryberry, Plaintiffs-Appellants, v. Steve HILL, Mike Hill, L.D. Hill, Individually and L.D. Hill d/b/a L.D. Hill and Sons Realty, Larry Hubbell and Larry Hubbell d/b/a Larry Hubbell Realty and Auction Sales, Defendants-Appellees.

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

Application for Permission to Appeal Denied January 25, 1988.


Attorney(s) appearing for the Case

Patrick A. Flynn, Courtney, Fleming & Holloway, P.C., Columbia, for plaintiffs-appellants.

William M. Leech, Jr., Waller Lansden Dortch & Davis, Nashville, for defendants-appellees.


Application for Permission to Appeal Denied by Supreme Court January 25, 1988.

OPINION

LEWIS, Judge.

This is an appeal by plaintiffs from the granting of defendants' Rule 41.02(2), Tenn.R.Civ.P., motion to dismiss the complaint at the close of plaintiffs' proof.

The facts out of which this controversy arose are as follows:

Plaintiffs wished to sell their 158 acre tract of land located near Spring Hill, Maury County, Tennessee (hereafter...

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