I & L Investments, LLC et al. v. Cagle's Construction, LLC et al.

Case Number
E2005-00654-COA-R3-CV

I & L Investments, LLC ("I & L"), and Wet Willy's Fireworks Supermarkets of Tennessee, Inc. ("Wet Willy's"), sued Cagle's Construction, LLC, and Ed Cagle (collectively the "Cagles"), seeking to enforce restrictive covenants with respect to real property owned by Cagle's Construction, LLC. The trial court granted the defendants summary judgment, holding that the defendants' tender of $100,000 to I & L as liquidated damages pursuant to the provisions of a document entitled "Settlement and Mutual Release" barred the plaintiffs' attempt to enforce the restrictive covenants. The plaintiffs appeal the trial court's judgment, contending that the court erred in failing to enforce the restrictive covenants against the Cagles in of their plan to construct a building on the property for the purpose of selling fireworks. We affirm.

Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Judge Lawrence H. Puckett
Case Name
I & L Investments, LLC et al. v. Cagle's Construction, LLC et al.
Date Filed
Dissent or Concur
No
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