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HUDSON v. TOWN & COUNTRY TRUE VALUE

666 S.W.2d 51 (1984)

Gary HUDSON, Plaintiff-Appellant, v. TOWN AND COUNTRY TRUE VALUE HARDWARE, INC., Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

On Petition to Rehear April 30, 1984.

Attorney(s) appearing for the Case

Hunter Short, Nashville, for plaintiff-appellant.

John A. Gupton, III, Schulman, Leroy & Bennett, P.C., Nashville, for defendant-appellee.

OPINION

FONES, Chief Justice.

The issue before the Court is the applicability of Article II of the Uniform Commercial Code (T.C.A. §§ 47-2-101 et seq.) to a sale that involved a going business where the assets sold included both "goods" as defined in the U.C.C.1 and "non-goods."

I.

Plaintiff, as seller, and defendant, as purchaser, entered into two separate contracts, one for the sale of real...

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