Wagner v. Frazier

OPINION

CANTRELL, Judge.

This is a dispute between an owner-developer and the general contractor and his surety. The contractor asserts on appeal that the evidence preponderates against the judgment of the Chancellor. The surety asserts, in addition to several suretyship defenses, that because the plaintiff died during the pendency of the suit and the case was not revived within ninety days of the suggestion of death the Chancellor should have dismissed the action.

In 1975 Clara Brainard owned a farm in Montgomery County near the City of Clarksville. Part of the farm lay along the bank of the…