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Axline v. Kutner

Tennessee Court of Appeals
863 S.W.2d 421 (1993)


Facts

Evelyn Axline (plaintiff) purchased a home from Seymour Kutner (defendant), the builder and seller of the home. The written contract of sale limited implied warranties to one year. The contract further provided that Axline agreed to accept the property as is and that Kutner did not make any warranties or representations except as stated in the contract. Axline later filed suit against Kutner for breach of the implied warranty of habitability. Kutner moved for partial summary judgment, arguing that the implied-warranty doctrine was not applicable because the contract between the parties explicitly limited any implied warranties. The trial court granted the motion. Axline appealed.

Rule of Law

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Issue

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Holding and Reasoning (Farmer, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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