Legal Opinion
State v. Patterson
Court of Criminal Appeals of Tennessee
Decided May 30, 1984No. 83-129-IIIPublished
1Opinion of the Court
*816OPINION
DAUGHTREY, Judge.
The dispositive question presented by this appeal is whether the Tennessee statute prohibiting misapplication of contract payments applies to a real estate contract when the payor does not have actual title to the property under construction.
This issue has not been decided previously by the Tennessee courts, and authority in other jurisdictions is split. Compare and contrast State v. Low, 18 N.J. 179, 113 A.2d 169, 172 (1955) (crime of misappropriation by a contractor “embraces ... funds received from persons having a contract for the purchase of the property upon…
2Cases cited8 opinions
- Stone v. United StatesCourt of Appeals for the Sixth Circuit · 1940
- Daugherty v. StateTennessee Supreme Court · 1965
- State v. Tabasso Homes, Inc.New York Court of General Session of the Peace · 1942
- Campbell v. MillerCourt of Appeals of Tennessee · 1977
- State v. LowSupreme Court of New Jersey · 1955
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