Axline v. Kutner
Tennessee Court of Appeals
863 S.W.2d 421 (1993)
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
Holding and Reasoning (Farmer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.