Legal Opinion

Delmar Vineyard v. Timmons

Court of Appeals of Tennessee

Decided April 7, 1972No. 166PublishedCited by 19 opinions

1Opinion of the Court

OPINION

PARROTT, Judge.

Timmons & Company has appealed from the chancellor’s decree awarding Local 309 of United Steel Workers of America a judgment in the amount of $153,688.80 for losses allegedly suffered as a result of Timmons & Company’s negligently performing audits of the Union Store operated by Local 309.

Although the original bill has the sound of a tort action, it is an action for breach of contract and, in essence, a malpractice action. Complainants do not charge defendants with fraud but predicate their recovery on the grounds defendants negligently conducted audits of the Union…

2Cases cited12 opinions

  1. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  2. Ryan v. KanneSupreme Court of Iowa · 1969
  3. Deyo v. . HudsonNew York Court of Appeals · 1919
  4. Gammel v. Ernst & ErnstSupreme Court of Minnesota · 1955
  5. National Surety Corp. v. LybrandAppellate Division of the Supreme Court of the State of New York · 1939

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Dooley v. EverettCourt of Appeals of Tennessee · 1990
  2. John Martin Co. v. Morse/Diesel, Inc.Tennessee Supreme Court · 1991
  3. Ritter v. Custom Chemicides, Inc.Tennessee Supreme Court · 1995
  4. Cleckner v. DaleCourt of Appeals of Tennessee · 1986
  5. Underwood v. Waterslides of Mid-America, Inc.Court of Appeals of Tennessee · 1991

14 more not listed; retrieve them via the Exa API.

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