Miller v. East Tennessee Trucks, Inc.

OPINION

FRANKS, Judge.

Plaintiffs action for the value of a 1979 Peterbilt truck and other damages was dismissed by summary judgment on the grounds plaintiff had released East Tennessee Trucks, Inc., from all claims and American Southern Insurance Company was the titled owner of the truck.

On October 29, 1984, plaintiff purchased the truck from East Tennessee Trucks, Inc., for the sum of $33,723.39. A short time after the sale, plaintiff determined the truck’s engine was smaller than the engine advertised by the defendant in a trade publication. These parties negotiated a settlement to cover the…