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Palmer v. Dehn

Court of Appeals of Tennessee
198 S.W.2d 827 (1946)


Facts

Dehn (plaintiff) sold Palmer (defendant) a motor bus. While Dehn was showing Palmer how tight a belt on part of the bus should be, the driver of the bus started the motor, cutting off two of Dehn’s fingers. Palmer promised Dehn that Palmer would compensate Dehn for the loss of Dehn’s fingers and take care of Dehn’s resulting expenses. Dehn later sued Palmer for negligence and for breach of contract for failing to compensate Dehn. Palmer moved for a directed verdict on the breach of contract claim, arguing that there was no consideration for his promise to compensate Dehn. The trial court denied Palmer’s motion, and the jury returned a verdict in Dehn’s favor. Palmer appealed.

Rule of Law

Issue

Holding and Reasoning (Burnett, J.)

Dissent (McAmis, J.)

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