DENISE JEREMIAH and TIMOTHY JEREMIAH v. WILLIAM BLALOCK (Tenn. Ct. App. August 1, 2011)
The plaintiff home buyer and defendant home seller entered into an agreement to repair a drain at some future date because it had been improperly piped out of the buyer's house. When the time for performance came, the drain was not moved, resulting in damages to the buyer's home. The buyer sued for breach of contract. The circuit court granted a directed verdict to the defendant on the ground that there was no consideration to support the contract. We find that the mutual promises made by the parties constituted adequate consideration. We accordingly reverse the trial court and remand this case for such further proceedings as necessary.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/jeremiahd_080111.pdf
