context: As I perceive it, the majority Opinion concludes that the alleged oral contract in this case fails on both elements -- evidence of mutual assent and sufficiently definite terms. I respectfully disagree as to both elements, as I conclude that drawing all reasonable inferences in the Appellants' favor, material factual disputes exist as to each element.
citation_a.signal: see also
citation_a.identifier: 113 S.W.3d 715, 721
citation_a.parenthetical: requiring courts analyzing summary judgment issues to draw all reasonable inferences in the non-moving party's favor
citation_a.sentence: See Martin v. Norfolk So. Ry. Co., 271 S.W.3d 76, 88 (Tenn.2008) (Koch, J., concurring) (citing Brown v. Birman Managed Care, Inc., 42 S.W.3d 62, 66 (Tenn. 2001); Mason v. Seaton, 942 S.W.2d 470, 473 (Tenn. 1997)) (stating that summary judgment is improper when “there is any dispute regarding the reasonable inferences that can be drawn from the undisputed facts”); see also Stovall v. Clarke, 113 S.W.3d 715, 721 (Tenn. 2003) (requiring courts analyzing summary judgment issues to draw all reasonable inferences in the non-moving party’s favor); Layhew v. Dixon, 527 S.W.2d 739, 742 (Tenn. 1975) (opining that summary judgment was inappropriate because of factual disputes even though the issue to be decided was an issue of law). Accordingly, summary judgment was inappropriate.
citation_b.signal: see
citation_b.identifier: 942 S.W.2d 470, 473
citation_b.parenthetical: stating that summary judgment is improper when "there is any dispute regarding the reasonable inferences that can be drawn from the undisputed facts"
citation_b.sentence: See Martin v. Norfolk So. Ry. Co., 271 S.W.3d 76, 88 (Tenn.2008) (Koch, J., concurring) (citing Brown v. Birman Managed Care, Inc., 42 S.W.3d 62, 66 (Tenn. 2001); Mason v. Seaton, 942 S.W.2d 470, 473 (Tenn. 1997)) (stating that summary judgment is improper when “there is any dispute regarding the reasonable inferences that can be drawn from the undisputed facts”); see also Stovall v. Clarke, 113 S.W.3d 715, 721 (Tenn. 2003) (requiring courts analyzing summary judgment issues to draw all reasonable inferences in the non-moving party’s favor); Layhew v. Dixon, 527 S.W.2d 739, 742 (Tenn. 1975) (opining that summary judgment was inappropriate because of factual disputes even though the issue to be decided was an issue of law). Accordingly, summary judgment was inappropriate.