Haun v. King

OPINION

FRANKS, Judge.

The principal issue presented by this appeal is whether the contractual doctrine of “frustration of commercial purpose”, recognized by the Supreme Court in North American Capital Corporation v. McCants, 510 S.W.2d 901 (Tenn.1974), is applicable to the facts of this case. The chancellor, invoking the doctrine, refused to enforce the contract and plaintiff has appealed. 1

Plaintiff was a principal in Haun Pontiac-Cadillac-GMC Corporation, which operated an automotive dealership in Athens, Tennessee. In February, 1980, the corporation petitioned for bankruptcy. Subsequently,…