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PRESCOTT v. ADAMS

627 S.W.2d 134 (1981)

Francis G. PRESCOTT and Wife, Carlene C. Prescott, Plaintiffs-Appellants, v. Ira T. ADAMS and Wife, Martha A. Adams; Jerry Jennings and Haury & Smith Realty Company, Defendants-Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied February 1, 1982.

Attorney(s) appearing for the Case

Lawrence C. Maxwell, William L. Harbison, Trabue, Sturdivant & DeWitt, Nashville, for plaintiffs-appellants.

Gail Pigg, W. Ovid Collins, Jr., Cornelius, Collins, Higgins & White, Don L. Smith, Manier, White, Herod, Hollabaugh & Smith, P.C., Nashville, for defendants-appellees.

Permission to Appeal Denied by Supreme Court February 1, 1982.

OPINION

CANTRELL, Judge.

The question in this case is whether the Trial Court should have granted summary judgment sustaining the defense of statute of limitations in a case against the sellers of real estate and their agent. The action was for rescission of the contract of sale or, in the alternative, for damages for fraud, misrepresentation, negligence in the design of an improvement...

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