TBA Law Blog

TBA Law Blog

TSC Finds Case With Conflicting Evidence Cannot Be Decided Without Trial

Posted by: Katharine Heriges on Jul 22, 2019
In TWB Architects, Inc. v. The Braxton, LLC, the Tennessee Supreme Court found that a case with conflicting evidence can't be decided without a trial, sending the contract dispute back to a lower court and reversing an award of summary judgment. In a unanimous opinion authored by Justice Sharon G. Lee, the court held that there were disputed questions of fact about whether the parties involved, TWB Architects and The Braxton, intended a novation when they entered into an agreement. The court held that summary judgment was inappropriate because this contract dispute cannot not be decided as a matter of law, and the trial court needs to hear witness testimony, resolve credibility issues, and then decide what the parties intended.

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