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· 9/27/2012

David White v. Empire Express, Inc. and Empire Transportation, Inc.

Citations

  • 395 S.W.3d 696
  • 2012 WL 4497820
  • 2012 Tenn. App. LEXIS 677

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that hauling and leasing company waived right to assert truck driver was barred from recovery on breach of contract claim where the company failed to assert multiple events of default and allowed the truck driver to accrue more and more debt
  • quoting. E. LeFevre, Punitive or Exemplary Damages for Conversion of Personalty by One Other Than Chattel Mortgagee or Conditional Seller, 54 A.L.R.2d 1361 § 2 (1957 & Cum. Supp.) (cases cited therein)
  • “A party who has materially breached a contract is not entitled to damages stemming from the other party’s later material breach of the same contract.” (quoting McClain v. Kimbrough Constr. Co., 806 S.W.2d 194, 199 (Tenn. Ct. App. 1990))

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Holly M. Kirby

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.