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POWER EQUIPMENT CO. v. ENGLAND

No. E2008-00919-COA-R3-CV.

307 S.W.3d 756 (2009)

POWER EQUIPMENT COMPANY v. Eugene ENGLAND, Claiborne Builders and Developer, Inc., and Wilder Construction Company, Inc., d/b/a Lifetime Homes.

Court of Appeals of Tennessee, at Knoxville.

February 26, 2009.

Permission to Appeal Denied by Supreme Court September 28, 2009.

Attorney(s) appearing for the Case

Rose Ellison, Tazewell, Tennessee, for appellant, Wilder Construction Co., Inc.

James D. Estep, III, Tazewell, Tennessee, for appellee, Power Equipment Co.

HERSCHEL PICKENS FRANKS, P.J., delivered the opinion of the Court, in which CHARLES D. SUSANO, JR., J., and D. MICHAEL SWINEY, J., joined.

OPINION

Plaintiff brought this action against defendant Claiborne Builders to recover the rental fees from a contract between plaintiff and Claiborne Builders for earth-moving equipment which Claiborne Builders used to remove soil from Wilder's property. The Trial Judge entered Judgment against Claiborne Builders on its...

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