TARTERA v. PALUMBO


453 S.W.2d 780 (1970)

Alex Jack TARTERA and Thersa D. Tartera, Plaintiffs in Error, v. Frank P. PALUMBO, Defendant in Error.

Supreme Court of Tennessee.

May 4, 1970.


Attorney(s) appearing for the Case

C. Thomas Cates, Memphis, and Burch, Porter & Johnson, Memphis, of counsel, for plaintiffs in error.

James C. Warner, Memphis, Martin, Tate, Morrow & Marston, Memphis, of counsel, for defendant in error.


OPINION

DYER, Chief Justice.

This case comes to this Court from the action of the trial judge in sustaining a demurrer to the declaration dismissing the case. The issue presented is whether the facts alleged in the declaration will sustain a cause of action in tort where the plaintiff is not in privity with the defendant, the tort being based on negligent misrepresentation as opposed to fraudulent misrepresentation. In this opinion we will refer to the parties...

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