Friday, January 13, 2012

Court reviews whether a partnership or a lease relationship existed between two parties

DOUGLAS COFER v. DONNIE HARRIS AND MARCIA HARRIS (Tenn. Ct. App. January 12, 2012)

This case arises from a dispute over an alleged partnership. Douglas Cofer ("Cofer") filed suit in the Chancery Court for Bradley County ("the Trial Court") against Donnie Harris and Marcia Harris ("the Harrises", collectively). Cofer alleged that the Harrises were successors in a partnership established between Cofer and the Harrises' father, Homer Harris, regarding the development of a trailer park on Homer Harris's land.

After a trial, the Trial Court found that, rather than a partnership, a lease relationship existed between the parties. The Trial Court awarded the Harrises damages for unpaid rent. Cofer appeals, raising various issues. The Harrises raise one issue on appeal concerning the calculation of damages. We affirm the judgment of the Trial Court in all respects.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/coferd_011212.pdf">http://www.tba2.org/tba_files/TCA/2012/coferd_011212.pdf