Legal Opinion
Tennessee Asphalt Co. v. Purcell Enterprises, Inc.
Court of Appeals of Tennessee
Decided January 26, 1982PublishedCited by 22 opinions
1Opinion of the Court
OPINION
FRANKS, Judge.
The principal issue on appeal is whether a party to a construction contract calling for performing of labor and furnishing materials over a period of time may abandon the contract and recover for services and material furnished where the other party has violated a provision requiring payments at specified times during the progress of the work.
In 1977, defendant, Purcell Enterprises, contracted with the State of Tennessee to construct a road across Clinch Mountain in Grainger County. Defendant subcontracted with plaintiff, Tennessee Asphalt Company, for the paving work…
2Cases cited21 opinions
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Holmes v. WilsonTennessee Supreme Court · 1977
- Johnston v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1921
- East Crossroads Center, Inc. v. Mellon-Stuart Co.Supreme Court of Pennsylvania · 1965
- Guerini Stone Co. v. P. J. Carlin Construction Co.Supreme Court of the United States · 1919
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Nicholas M. Patton v. Richard Bearden, Robert Bearden, and J.M. Bearden, Individually, and D/B/A Bearden Fish FarmsCourt of Appeals for the Sixth Circuit · 1993
- Loeffler v. KjellgrenCourt of Appeals of Tennessee · 1994
- GuestHouse International, LLC v. Shoney's North America Corp.Court of Appeals of Tennessee · 2010
- WF Holt Co. v. a & E Elec. Co., Inc.Court of Appeals of Tennessee · 1983
- 94th Aero Squadron of Memphis, Inc. v. Memphis-Shelby County Airport AuthorityCourt of Appeals of Tennessee · 2004
17 more not listed; retrieve them via the Exa API.