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EDUCATIONAL PLACEMENT SERVICE v. WATTS

789 S.W.2d 902 (1989)

EDUCATIONAL PLACEMENT SERVICE, INC., Plaintiff/Counter-Defendant/Appellee, v. Rex WATTS and Mary Ann Watts, Defendants/Counter-Plaintiffs/Appellants, v. Gregg McDOUGALL, Third-Party Defendant/Appellee.

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

Application to Appeal Denied February 5, 1990.

Attorney(s) appearing for the Case

Raymon Sauer, Sauer & Sauer, Memphis, for plaintiff/appellee.

Glenn D. Everton, Griffin, Clift & Burns, Memphis, for defendants/appellants.

Application to Appeal Denied by Supreme Court February 5, 1990.

FARMER, Judge.

Educational Placement Service, Inc. (EPS), a Tennessee corporation, contracted with Rex Watts and Mary Ann Watts to purchase from the Wattses improved real estate located in Shelby County. The controversial portion of the contract provides:

This contract is contingent upon the purchaser applying for and obtaining a ____ conventional loan from from [sic] a local lending...

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