Moore v. Berry

2 Citing cases

  1. Love v. Basque Cartel

    873 F. Supp. 563 (D. Wyo. 1995)   Cited 9 times
    In Love, 873 F. Supp. at 566, 568, on which the trial court relied, the court determined that the bidding at an auction for a 90,000-acre ranch did not constitute bid rigging because the auction encouraged joint bidding: in early rounds, bids were taken on individual subdivided parcels; in later rounds, bids were taken on the ranch as a whole.

    Some courts hold that the advertisement or advance announcement has no significance except to announce that a sale has been set. This approach was cited with approval by the Wyoming Supreme Court in Pitchfork, 615 P.2d 541 at 547.See also 7 Am.Jur.2d Auctions and Auctioneers, ยง 16 (1980), citing Anderson v. Wisconsin C.R. Co., 107 Minn. 296, 120 N.W. 39 (1909), Moore v. Berry, 40 Tenn. App. 1, 288 S.W.2d 465 (1955). Still other courts have held that declarations of the auctioneer subsequent to and at variance with the advertised procedures cannot change the printed terms of such advertisements unless the purchaser has knowledge of the modification.

  2. Pritchett v. Comas Montgomery Realty & Auction Co.

    No. M2014-00583-COA-R3-CV (Tenn. Ct. App. Apr. 15, 2015)   Cited 4 times
    Explaining that the reliance element involves two inquiries, "whether the plaintiff actually relied on the misrepresentation and whether that reliance was reasonable"

    Conditions of a sale at auction that are announced at the auction are binding on the bidder. Cunningham v. Lester, 138 S.W.3d 877, 881 (Tenn. Ct. App. 2003); Moore v. Berry, 288 S.W.2d 465, 468 (Tenn. Ct. App. 1955). Therefore, since there is no claim that Defendant engaged in fraud, intentional misconduct, or gross negligence, we have concluded that Defendant successfully negated the essential element that Plaintiff relied on Defendant's misrepresentation that the building was 11,556 square feet. Because Defendant negated an essential element of Plaintiff's claim, Defendant is entitled to summary judgment.