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The appellate court affirmed the trial court's ruling that the defendant contractor materially breached the contract by failing to complete the barndominium construction by the agreed-upon Thanksgiving 2018 deadline, holding that time was of the essence under the Agreement.
This appeal concerns an alleged breach of contract. Danny Ray Franks ("Mr. Franks") and his spouse Angela May Franks ("Ms. Franks") ("Plaintiffs," collectively) hired Roger Bilbrey ("Mr. Bilbrey") and Bilbrey's Construction, Inc. ("Defendants," collectively) to build a "barndominium," a metal building that looks like a barn with a stained-concrete floor, garage, and living quarters. The parties' contract ("the Agreement"), which was drafted by Mr. Bilbrey, provided that work would start immediately and be completed by Thanksgiving of 2018. However, the project was not completed by that date. Some five months later, the project still was unfinished. Plaintiffs then fired Defendants. Plaintiffs sued Defendants in the Chancery Court for Overton County ("the Trial Court") for breach of contract. The Trial Court ruled in Plaintiffs' favor. Defendants appeal. We hold that time was of the essence under the Agreement. We further find that Defendants committed a material breach of the Agreement by failing to timely complete Plaintiffs' barndominium. We affirm.
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