Klosterman Dev. v. Outlaw A. S

58 Citing cases

  1. Middendorf v. Middendorf

    No. M2018-00409-COA-R3-CV (Tenn. Ct. App. Jun. 27, 2019)   Cited 3 times
    In Middendorf, a husband moved for a divorce decree to be set aside after he was unable to advocate for himself during the divorce proceedings because of depression and post-traumatic stress disorder.

    "Although rescission is not favored in Tennessee, the law provides that rescission is available when there is a mutual mistake." Klosterman Dev. Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 631 (Tenn. Ct. App. 2002). In Pugh's Lawn Landscape Co., Inc. v. Jaycon Dev. Corp., the Tennessee Supreme Court held:

  2. Wigley v. Am. Equity Mortg.

    No. 15-2473-STA-cgc (W.D. Tenn. Mar. 3, 2016)

    Therefore, Defendant's Motion to Dismiss the rescission claim is GRANTED.Klosterman Dev. Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 631 (Tenn. Ct. App. 2002). Vance v. Schulder, 547 S.W.2d 927, 931 (Tenn. 1977)

  3. Jones v. Select Portfolio Servicing, Inc.

    No. 15-2495-STA-cgc (W.D. Tenn. Feb. 10, 2016)   Cited 1 times

    The Complaint only alleges that Plaintiff exercised his right of rescission as a statutory remedy under TILA and only after he discovered Defendants' purported violation of TILA, i.e. the failure to disclose the assignment of his deed of trust. Klosterman Dev. Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 631 (Tenn. Ct. App. 2002). Vance v. Schulder, 547 S.W.2d 927, 931 (Tenn. 1977)

  4. Hunt v. Twisdale

    No. M2006-01870-COA-R3-CV (Tenn. Ct. App. Sep. 28, 2007)   Cited 11 times

    Williams v. Botts, 3 S.W.3d 508, 509 (Tenn.Ct.App. 1999) (citing McMillin v. Great S. Corp., 63 Tenn. App. 732, 480 S.W.2d 152 (1972)). In order for relief to be granted on the grounds of mistake, the mistake must have been mutual or fraudulent, it must have been material to the transaction, it must not be due to the complainant's negligence, and the complainant must show injury. Klosterman Dev. Corp. v. OutlawAircraft Sales, Inc., 102 S.W.3d 621, 632 (Tenn.Ct.App. 2002) (citing Robinson v. Brooks, 577 S.W.2d 207, 209 (Tenn.Ct.App. 1978)). A "mistake" is an act that would not have been done, or an omission that would not have occurred, but for ignorance, forgetfulness, inadvertence, mental incompetence, surprise, misplaced confidence, or imposition.

  5. Universal Props., Inc. v. Regions Bank

    No. 3:11-cv-538 (E.D. Tenn. Sep. 21, 2012)   Cited 2 times
    In Universal Props, the court found the absence of a definite dispute resolution process as persuasive in its decision to deny the party's motion for summary judgment that the purchase option was enforceable.

    Under Tennessee law, contract price must be "sufficiently definite to be enforced." Klosterman Development Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 635 (Tenn. Ct. App. 2002). An agreement to agree to something in the future is not generally enforceable.

  6. Pugh's Lawn Landscape v. Jaycon Development

    320 S.W.3d 252 (Tenn. 2010)   Cited 28 times
    Holding that ordinary, not special, appellate standards of review apply in arbitration matters

    It is undisputed that the consent order embodies the only arbitration agreement between the parties. In accord with the general principle that rescission is not favored in Tennessee, Klosterman Dev. Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 631 (Tenn.Ct.App. 2002), we have held that a consent order cannot be set aside unless entered through fraud or mistake. Gardiner v. Word, 731 S.W.2d 889, 893 (Tenn. 1987); Third Nat. Bank, 370 S.W.2d at 487.

  7. Kerst v. Upper Cumberland Rental & Sales, LLC

    No. M2014-00894-COA-R3-CV (Tenn. Ct. App. Mar. 25, 2015)   Cited 3 times

    This standard applies to our review of a trial court's rescission of a contract. See Klosterman Development Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 632 (Tenn. Ct. App. 2002); Morris v. Norwood, No. E1999-01328-COA-R3-CV, 2000 WL 472871, at *4 (Tenn. Ct. App. April 24, 2000). "The equitable remedy of rescission is...a matter resting in the sound discretion of the trial court and the court should exercise the discretion sparingly."

  8. Wiggins v. Kimberly-Clark Corp.

    641 F. App'x 545 (6th Cir. 2016)   Cited 38 times
    Holding that even if the plaintiff had established that the Doe defendants " ‘knew or should have known’ that he would bring the claims against them, he failed to establish that his lack of knowledge of their identities was due to a ‘mistake’ as the Rule requires"

    Absent such express intent, oral commitments engender no enforceable rights. See Klosterman Dev. Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 635 (Tenn. Ct. App. 2002) (oral undertaking, to be enforceable, "must result from a meeting of the minds in mutual assent . . . and must be sufficiently definite to be enforced."). The district court properly rejected plaintiff's contentions, not found in his complaint, that company officials made oral commitments or guarantees regarding the testing, thereby extending enforceable rights.

  9. Aquidneck Trucking, LLC v. Lightspeed Trucking, LLC

    Civil Action 24-12767-NMG (D. Mass. Dec. 23, 2024)

    Although rescission is generally disfavored, it may be available where the parties were mutually mistaken. Klosterman Dev. Corp, v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 631 (Tenn. Ct. App. 2002).

  10. Thorne v. Satellogic, U.S. Inc.

    3:23-cv-00619 (M.D. Tenn. Apr. 10, 2024)

    (“Under general principles of contract law, a contract ‘must result from a meeting of the minds of the parties in mutual assent to the terms.'” (quoting Higgins v. Oil, Chemical & Atomic Workers, 811 S.W.2d 875, 879 (Tenn. 1991))); Thompson v. Hensley, 136 S.W.3d 925, 929 (Tenn. Ct. App. 2003) (“[A]n enforceable contract must result from a meeting of the minds in mutual assent to terms . . . .” (quoting Klosterman Dev. Corp. v. Outlaw Aircraft Sales, Inc., 102 S.W.3d 621, 635 (Tenn. Ct. App. 2002))). Additionally, Tennessee courts favor the “determination that an agreement is sufficiently definite.”