Wednesday, January 1, 2014

Kennedy v. Parrott case brief

Kennedy v. Parrott case brief summary
90 S.W.2d 754 (1956)

CASE SYNOPSIS
Plaintiff in error, the buyer of an automobile at an execution sale, sought review of the order of the Circuit Court of Davidson County (Tennessee), which dismissed his action against defendant in error, the deputy sheriff who conducted the execution sale and struck off the automobile to the buyer.

CASE FACTS
A deputy sheriff levied on an automobile in which the judgment debtor had no interest.
The deputy sold the car to the buyer at an execution sale.
The car's owner replevied the car from the buyer.
The deputy still had the money the buyer paid for the car and the buyer sued the deputy to recover it.
The trial court entered judgment for the deputy.

DISCUSSION

  • The court reversed the trial court's judgment and remanded the case. The court held that while the rule of caveat emptor applied to execution sales and therefore there was no warranty attaching to any such sale, the buyer was entitled to recover the money paid to the deputy due to the irregularity of the sale. There was no good reason not to repay the money to the buyer.

CONCLUSION
The court reversed the circuit court's judgment in favor of the deputy and remanded the case.


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