Law Commons^™

Personal Property And Sales -- 1958 Tennessee Survey, Claude E. Bankester

Vanderbilt Law Review

The existence of a confidential or fiduciary relationship between two parties does not prevent either party from making a gift to the other. However, when the gift is from the dependent party to the dominant party of the relationship, there arises a presumption that the gift was obtained by the exercise of undue influence on the donor and therefore void. Consequently, the burden is placed upon the donee to prove by "clear and satisfactory" evidence that the gift was not obtained by use of undue influence. The relationship necessary to raise the presumption may be of any kind which implies …

Personal Property And Sales, F. Hodge O'Neal, Thomas G. Roady Jr.

Vanderbilt Law Review

Sales

Two sales cases were decided during the survey period. One of the cases, Henson v. Wright,' was an action by the buyer of a tractor to rescind the purchase for breach of warranty.

Judd v. Fruehauf Trailer Co. is a questionable decision which perhaps opens a way for a seller in a conditional sale contract to circumvent provisions of the conditional sales act designed to protect the conditional buyer.

Liability of Common Carrier: Is a carrier liable to a shipper for breach of contract for failure to deliver an animal lost en route from point of shipment to point …

Personal Property And Sales -- 1956 Tennessee Survey, J. Allen Smith

Vanderbilt Law Review

The Right to Possession: In Shirley v. State' the Supreme Court of Tennessee held that a county court clerk could not be required to return money illegally gained by participation in a gambling game, which money had been confiscated by the sheriff and turned into court. Despite a theoretical difficulty arising from the absence in Tennessee of a statute authorizing forfeiture of gambling funds, the decision invoked the equitable principle that courts will not assist persons violating the law. For its result, the court relied in considerable measure on the New York case of Hofferman v. Simmons, which involved a …

Personal Property And Sales -- 1954 Tennessee Survey, Clyde L. Ball

Vanderbilt Law Review

This article is limited to cases involving transfers of personal property by gift or by sale, and the resultant legal relationships. Cases involving liens on personal property, chattel mortgages, and those dealing with sales in bulk are discussed in the article on Creditors' Rights and Security Transactions in this Survey.'