First Tennessee Bank National Ass'n v. Thoroughbred Motor Cars, Inc.

HEWITT P. TOMLIN, Jr., Senior Judge.

First Tennessee Bank National Association (“plaintiff’) filed suit in the Chancery Court of Davidson County against Thoroughbred Motor Cars, Inc. (“defendant”) seeking to recover damages incurred as a result of defendant’s alleged breach of an asset purchase agreement to which it claimed to be a third party beneficiary. Defendant filed a motion to dismiss pursuant to T.R.C.P. 9.01 and 12.02(6), contending that plaintiffs complaint failed to state a claim upon which relief could be granted because it was not a party or an intended beneficiary of the asset…