Butts v. Birdwell

OPINION

SHRIVER, Judge.

This is an appeal from a decree of the Chancellor sustaining defendants’ motion to dismiss at the conclusion of complainant’s proof.

Ralph Butts filed his bill of complaint on June 19, 1972 in which he alleged that, on February 1, 1972, he entered into an agreement with defendant, Odell Birdwell, to purchase a 1970 International truck and tank trailer, together with accessories, etc., which was owned and operated by the defendant Birdwell in his business as a distributor of petroleum products for Shell Oil Company in Gallatin, Tennessee. A copy of the contract of sale is…