KROGER COMPANY v. GIEM


387 S.W.2d 620 (1964)

The KROGER COMPANY, Plaintiff in Error, v. Seth E. GIEM, Individually and dba Seth E. Giem & Associates, and John E. Bouchard & Sons Co., Inc., Defendants in Error.

Supreme Court of Tennessee.

Rehearing Denied February 4, 1965.


Attorney(s) appearing for the Case

William J. Harbison, Trabue, Minick, Sturdivant & Harbison, Miller Manier, Manier, Crouch, White & Herod, Nashville, for plaintiff in error.

Goodpasture, Carpenter, Woods & Courtney, Nashville, Carl N. Stokes, Memphis, for Seth E. Giem.

Boult, Hunt, Cummings & Conners, Glasgow & Adams Nashville, for John E. Bouchard & Sons Co., Inc.


WHITE, Justice.

The Court of Appeals affirmed the trial court in approving the verdict of the jury which found all issues against the plaintiff and in favor of the defendants. We granted certiorari and the case has been argued at the bar of this Court.

The Kroger Company commenced an action for unliquidated damages against the defendants, wherein it sought to recover upon two theories, one sounding in tort and the other in contract, upon the following state...

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