statute of frauds defense (Tennessee) · Go Syfert
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statute of frauds defense in Tennessee

6 Tennessee opinions name it 1 courts 1988–2021 1 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Michael Lancaster v. Ferrell Paving, Inc. v. Everest Indemnity Insurance Companygreen
tennctapp · 2011 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021See Lancaster v. Ferrell Paving, Inc., 397 S.W.3d 606, 611-12 (Tenn. Ct. App. 2011) (“[W]e find that both parties consented to the oral modification of the Security Service Agreement and both parties waived the requirement that contractual modifications must be in writing.”).3 3 Based on the case law referenced by the trial court and its corollary finding that there had been a modification, we interpret its own finding that “the Statute of Frauds defense was waived” as signaling the waiver of the provision incorporated into the Counter-Offer which prohibited modifications “unless signed by all

11
Blair v. Brownsongreen
tenn · 2006 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019See id. (“In a contract for the sale of lands . . . the party to be charged is the party against whom enforcement of the contract is sought.”); see also Blair v. Brownson, 197 S.W.3d 681, 685 (Tenn. 2006) (“[T]oday [we] announce a new rule . . . that interprets “party to be charged” in the Statute of Frauds analysis to refer to the party against whom enforcement of the contract is sought.”).

11
Cobble v. Langfordgreen
tenn · 1950 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001The application, however, of the Statute of Frauds is not without limits, and courts should not allow a person to use the Statute “to avoid contracts or to ‘grant a privilege to a person to refuse to perform what he has agreed to do.’” GRW Enter., Inc. v. Davis, 797 S.W.2d at 611 (quoting Cobble v. Langford, 230 S.W.2d 194, 196 (Tenn. 1950)); see also Jarrett v. Epperly, 896 F.2d 1013, 1018 (6th Cir. 1990) (holding that “under Tennessee law, a wrongdoer is not permitted to rely on the Statute of Frauds defense”).

11
Kenneth Jarrett v. Harrison Epperly and Epperly Inc., F/k/a United Brake Systems, Inc.green
ca6 · 1990 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001The application, however, of the Statute of Frauds is not without limits, and courts should not allow a person to use the Statute “to avoid contracts or to ‘grant a privilege to a person to refuse to perform what he has agreed to do.’” GRW Enter., Inc. v. Davis, 797 S.W.2d at 611 (quoting Cobble v. Langford, 230 S.W.2d 194, 196 (Tenn. 1950)); see also Jarrett v. Epperly, 896 F.2d 1013, 1018 (6th Cir. 1990) (holding that “under Tennessee law, a wrongdoer is not permitted to rely on the Statute of Frauds defense”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
James Casazza v. Joseph C. Kiser green
ca8 · 2002
1 sentence

2017Id. (citations omitted).

12017–2017
Carbon Processing & Reclamation, LLC v. Valero Marketing & Supply Co. green
tnwd · 2011
1 sentence

2017A detailed overview of this subject was recently provided by a federal district court in Carbon Processing and Reclamation, LLC v. Valero Marketing and Supply Co., 823 F.Supp.2d 786 (W.D.

12017–2017
Godfrey v. Ruiz green
tenn · 2002
1 sentence

2010Godfrey, 90 S.W.3d at 695 .

12010–2010
GRW Enterprises, Inc. v. Davis green
tennctapp · 1990
1 sentence

2001The application, however, of the Statute of Frauds is not without limits, and courts should not allow a person to use the Statute “to avoid contracts or to ‘grant a privilege to a person to refuse to perform what he has agreed to do.’” GRW Enter., Inc. v. Davis, 797 S.W.2d at 611 (quoting Cobble v. Langford, 230 S.W.2d 194, 196 (Tenn. 1950)); see also Jarrett v. Epperly, 896 F.2d 1013, 1018 (6th Cir. 1990) (holding that “under Tennessee law, a wrongdoer is not permitted to rely on the Statute of Frauds defense”).

12001–2001
Evans v. Belmont Land Co. green
· 1893
2 sentences

1988Plaintiffs cite Evans v. Belmont Land Co., 92 Tenn. 348 , 21 S.W. 670 (1893).

1988Plaintiffs cite Evans v. Belmont Land Co., 92 Tenn. 348 , 21 S.W. 670 (1893).

11988–1988

Where else courts name it

NY 80 (1922–2025) TX 69 (1929–2026) CA 39 (1910–2025) OH 19 (1992–2026) IN 18 (1835–2025) IL 16 (1986–2024) MI 15 (1969–2025) MO 15 (1977–2021) AL 15 (1985–2015) MA 13 (1994–2015) FL 12 (1987–2012) PA 12 (1982–2026) CO 11 (1978–2014) WA 11 (1965–2023) GA 10 (1980–2025) UT 10 (1983–2024) NC 10 (1979–2024) WY 9 (1953–2017) IA 9 (1959–2014) CT 9 (1984–2002) ND 8 (1978–2023) MT 8 (1969–2016) AZ 7 (1977–2024) MN 7 (1976–2016) NM 7 (1972–2026) ME 7 (1910–2019) MD 6 (1967–2012) SD 6 (1984–2026) NJ 6 (1960–2026) TN 6 (1988–2021) WI 6 (1881–2024) ID 6 (1990–2025) OR 5 (1972–2010) DC 4 (1980–2014) NE 3 (2006–2021) VT 3 (1979–2024) WV 3 (1925–2021) AR 3 (1988–2025) MS 3 (1979–2005) VA 3 (2000–2013) DE 2 (2018–2021) VI 2 (2001–2017) HI 2 (1995–2002) KS 2 (1924–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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