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TOWE IRON WORKS, INC. v. TOWE

No. E2006-01971-COA-R3-CV.

243 S.W.3d 562 (2007)

TOWE IRON WORKS, INC., and David L. Towe, Sr., v. Donald W. TOWE, Sr., Shirley F. Towe, Richard L. Towe, Sr., Jewel M. Towe, and Carolyn E. McMurray, Personal Representative of the Estate of Willayne Towe and Trustees of any Trust thereunder.

Court of Appeals of Tennessee, Eastern Section at Knoxville.

August 22, 2007.

Permission to Appeal Denied January 28, 2008.

Attorney(s) appearing for the Case

D. Scott Hurley and Ryan N. Shamblin, Knoxville, Tennessee, for appellant, Carolyn McMurray.

Lawrence E. Ault, Knoxville, Tennessee, for appellants, Donald W. Towe, Sr., Shirley F. Towe, Richard L. Towe, Sr., and Jewell M. Towe.

Raymond E. Lacy, Knoxville, Tennessee, for appellee, Towe Iron Works, Inc.

Farrell A. Levy, Knoxville, Tennessee, for appellee, David L. Towe, Sr.

Permission to Appeal Denied by. Supreme Court January 28, 2008.

OPINION

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the court, in which D. MICHAEL SWINEY, J., and SHARON G. LEE, J., joined.

In this action to enforce an option to purchase contained in a lease between plaintiff/lessee and the children of the deceased lessor, the Trial Court, while finding the terms of the lease had been breached by the lessee, held that the plaintiff had...

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