BIG FORK MIN. v. KENTUCKY CENT. INS. CO.


888 S.W.2d 434 (1994)

BIG FORK MINING CO., INC., Plaintiff/Appellee, v. KENTUCKY CENTRAL INSURANCE COMPANY, Defendant/Appellant.

Court of Appeals of Tennessee, Middle Section at Nashville.

Application for Permission to Appeal Denied November 7, 1994.


Attorney(s) appearing for the Case

Paul D. Kelly, Jr., Kelly, Kelly & Gouger, P.C., Jasper, and Michael W. Boehm, Spears, Moore, Rebman & Williams, Chattanooga, for plaintiff/appellee.

Stuart F. James, Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan, Chattanooga, for defendant/appellant.


Application for Permission to Appeal Denied by Supreme Court November 7, 1994.

OPINION

TODD, Presiding Judge.

Plaintiff sued defendant upon its written promise to pay plaintiff $50,000 upon the performance of a certain condition. The Trial Court, sitting without a jury, held that the condition had been substantially performed and found for the plaintiff. Defendant appealed and presented the following issues:

Whether the trial court...

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