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Vanderbilt Law Review

First Page

1349

Abstract

The Tennessee courts have heretofore denied recovery in actions for breach of warranty in the absence of privity of contract between the plaintiff and the defendant.' The required privity had not previously been found when a manufacturer was sued by a consumer who purchased from an intermediate dealer. . . .

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Contractual Disclaimer.-In the Dodson case, there was an alter-native holding that the consumer could recover on the theory of an implied warranty of quality or fitness. The significance of such a holding lies in the fact that the express warranty which the court found running from General Motors to the plaintiff recited that it was "expressly in lieu of all other warranties, expressed or implied... " . . .

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Sale Postponed Until Final Judgment in Replevin Action.-Under the Conditional Sales Act as enacted in Tennessee, a conditional vendor must advertise the property for sale within ten days after repossession and proceed to sale under such advertisement. If the vendor fails to advertise and sell as required by statute, the defaulting vendee may recover from the seller any part of the consideration which he has paid."

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