Legal Opinion
Zack Cheek Builders, Inc. v. McLeod
Tennessee Supreme Court
Decided March 17, 1980PublishedCited by 45 opinions
1Opinion of the Court
OPINION
MARTHA CRAIG DAUGHTREY, Special Justice.
This appeal involved interpretation of Rule 15.02 of the Tennessee Rules of Civil Procedure, which permits the amendment of pleadings at any time, if necessary to achieve conformity with an unpleaded issue tried by implied consent.
Defendant Zack Cheek, as agent for defendant Zack Cheek Builders, Inc., sold the plaintiffs a home and lot on sloping terrain on January 25,1975. During the next year, heavy rainfall precipitated at least two substantial shifts of soil or landslides behind the house, causing considerable expense to the plaintiffs for…
2Cases cited4 opinions
- Laffey v. Northwest Airlines, Inc.Court of Appeals for the D.C. Circuit · 1976
- Browning Debenture Holders' Committee v. Dasa Corp.Court of Appeals for the Second Circuit · 1977
- Ned G. Saalfrank v. Melva M. O'daniel, and Third Party Plaintiff-Cross v. Parkview Memorial Hospital, Inc., Third PartyCourt of Appeals for the Third Circuit · 1976
- Mason v. HunterCourt of Appeals for the Eighth Circuit · 1976
3Cited by45 opinions
- In Re the Adoption of E.N.R.Tennessee Supreme Court · 2001
- Vantage Technology, LLC v. CrossCourt of Appeals of Tennessee · 1999
- Reed v. Alamo Rent-A-Car, Inc.Court of Appeals of Tennessee · 1999
- Redbud Cooperative Corp. v. ClaytonCourt of Appeals of Tennessee · 1985
- Goff v. Elmo Greer & Sons Const. Co., Inc.Tennessee Supreme Court · 2009
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