Jenkins Subway, Inc. v. Jones

Plaintiffs Jenkins Subway, Inc., and Rose Jenkins appeal the trial court’s final judgment dismissing their claims for breach of contract and breach of fiduciary duty against Defendant/Appellee Lynn Jones. The trial court’s judgment in favor of Jones was based primarily on the court’s ruling that, even if the subject contracts survived the December 1993 death of Rose Jenkins’ husband, Ed Jenkins, Rose Jenkins and Jenkins Subway effectively waived or were estopped from asserting their rights under the contracts. We conclude that this ruling was in error, and, thus, we reverse the trial court’s…