# Fulton v. Tennessee Walking Horse Breeders' Ass'n of America

> Court of Appeals of Tennessee · January 8, 1971 · 63 Tenn. App. 569

URL: https://www.frixlaw.com/law-library/cases/9762392

## Case

- **Full name:** TOM FULTON, Complainant-Appellee, v. TENNESSEE WALKING HORSE BREEDERS’ ASSOCIATION OF AMERICA, Defendant-Appellant
- **Court:** Court of Appeals of Tennessee
- **Decided:** January 8, 1971
- **Citations:** 63 Tenn. App. 569; 476 S.W.2d 644; 1971 Tenn. App. LEXIS 266
- **Precedential status:** Published
- **Opinion:** On rehearing by Puryear
- **Judges:** Puryeab, Puryear, Shriver, Todd
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9762392

## Opinion text

ON PETITION TO REHEAR AND MODIFY
PURYEAR, Judge.
The defendant-appellant- has filed a petition seeking a partial rehearing and a modification of our decree affirming the trial Court by retaining the case in Court upon orders to the Clerk and Master to pay the complainant-appellee a certain portion of the recovery upon a monthly basis of $1,000.00 per month until further orders of the Court.
In said petition it is insisted that the defendant-ajJ-pellant should be given the right to apply at any time prior to expiration of the ten year contract of employment to show that the complainant-appellee had died or become disabled or had accepted other lucrative employment which would reduce the damages.
No precedent has been cited for such action by this Court and, in view of our Supreme Court’s holding-in East Tennessee, V. & G. Railroad Company v. Staub (1881), 75 Tenn. 397 , it is our opinion that we do not *596 have any authority to grant the relief sought in such petition.
Therefore, the petition for rehearing and modification is respectfully denied.
Shriver, P. J. (M.S.), and Todd, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9762392. Public record. Not legal advice.