# FILED
March 3, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF APPEALS AT KNOXVILLE

INTERSTATE MECHANICAL ) SEVIER CHANCERY CONTRACTORS, INC., ) C.A. NO. 03A01-9706-CH-00234 ) Plaintiff ) ) vs. ) ) ) MCH PARTNERS; JIMMY R. REAGAN ) d/b/a PRECISION CONSTRUCTION ) COMPANY; HOME FEDERAL SAVINGS ) & LOAN ASSOCIATION OF UPPER ) EAST TENNESSEE; DON CONSEEN ) d/b/a DC SERVICE AND SALES; ) and CAROLYN MINNIS ) ROBERT CALLAWAY, ) ) Defendants ) ) DON CONSEEN d/b/a DC SERVICE ) HON. CHESTER S. RAINWATER & SALES, ) CHANCELLOR ) Third Party Plaintiff/ ) Cross Plaintiff-Appellee ) ) ) vs. ) ) ) JIMMY R. REAGAN, ) ) Cross Defendant- ) Appellant ) ) and ) ) ) HOWARD SEXTON, ) AFFIRMED AND REMANDED ) Third Party Defendant- ) Appellant )

STEVENE. MARSHALL, Marshall & Delius, Sevierville, for Appellants.
EDWARD H. HAMILTON, Brabson, Yates & Hamilton, P.L.C., Sevierville, for Appellee.1 Rule 10 provides: (b) Mem

orandu m Op inion. The Court, with the concurrence of all judges participating in the case, may affirm, reverse, or modify the actions of the trial court by memorandum opinion when a formal opinion w ould have n o precedential value. When a case is decided by memorandum opinion it shal l be designated "MEMORANDUM OPINION," shall not be published, and shall not be cited or relied on for any reason in a subsequent unrelated case. 2 MEMORANDUM OPINI O N

McMurray, J.

This appeal involves a payment dispute between the plaintiff,
DonConseen, a subcontractor doing business as DC Service & Sales, anddefendants Jimmy R. Reagan and Howard Sexton, doing business as Precision Cons truction Company, a general contractor. Plaintiff suedfor payment for construction work whic h he t estified was requestedand approved by defendants, and for which he was promised payment by the defendants. An evidentiary hearing was held. The defendants presented no proof at trial. The chancellor gra nted pla intiff a judgment for $19,267.45, the amount sought by the plaintiff. The defendants appealed. We affirm the judgment of the trial court.

We have reviewed the briefs of the parties and the record on appeal and find the appellants' positions on appeal to be without merit, and that the evidence does not preponderate against the chancellor's judgment. Consequently, we affirm the judgment of the trial court in accordance with Rule 10(b), R ules of the Court of A p p eals. 1 Costs on appeal are assessed to appellants and this cause is remanded to the trial court.3

________________________ Don T. McMurray, Judge

CONCUR:

___________________________________ Houston M. Goddard, Presiding Judge

_______________________________ Charles D. Susano, Jr., JudgeIN THE COURT OF APPEALS AT KNOXVILLE

INTERSTATE MECHANICAL ) SEVIER CHANCERY CONTRACTORS, INC., ) C.A. NO. 03A01-9706-CH-00234 ) Plaintiff ) ) vs. ) ) ) MCH PARTNERS; JIMMY R. REAGAN ) d/b/a PRECISION CONSTRUCTION ) COMPANY; HOME FEDERAL SAVINGS ) & LOAN ASSOCIATION OF UPPER ) EAST TENNESSEE; DON CONSEEN ) d/b/a DC SERVICE AND SALES; ) and CAROLYN MINNIS ) ROBERT CALLAWAY, ) ) Defendants ) ) DON CONSEEN d/b/a DC SERVICE ) HON. CHESTER S. RAINWATER & SALES, ) CHANCELLOR ) Third Party Plaintiff/ ) Cross Plaintiff-Appellee ) ) ) vs. ) ) ) JIMMY R. REAGAN, ) ) Cross Defendant- ) Appellant ) ) and ) ) ) HOWARD SEXTON, ) AFFIRMED AND REMANDED ) Third Party Defendant- ) Appellant )

JUDGMENT

This ap peal came on to be heard upon the record from t h e Chancery Court of Sevier County and briefs filed on behalf of therespective parties. Upon consideration thereof, this Court is of

opinion that there was no reversible error in the trial court.
W e affirm the judgment of the trial court, in accordance with Rule 10, Rules of the Court of Appeals. The case is remanded for suchother action by the trial court as may be necessary. Costs on appeal are assessed to appellants.

PER CURIAM