Wilkins v. Third National Bank in Nashville

OPINION

KOCH, Judge.

This lender’s liability case involves a bank’s oral agreement to provide permanent financing for the renovation of a Chattanooga restaurant called Aunt Lou’s Family Buffet. The corporate borrower 1 and its president filed a breach of contract action against the bank in the Circuit Court for Davidson County after the bank refused to provide the financing. The bank filed a motion for summary judgment relying on the three-year statute of limitations governing actions for damage to real property. The trial court granted the motion and dismissed the complaint. The corporation’s…