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Jet Printing v. Deep South Wholesale Paper

Citation: Not availableDocket: M2001-02582-COA-R3-CV

Court: Court of Appeals of Tennessee; January 22, 2003; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In a breach of contract dispute, Jet Printing, LLC sued Deep South Wholesale Paper Company, Inc. for failing to pay for a shipment of polyethylene film. Deep South argued that the film was unsuitable for its intended purpose of manufacturing sealable bags, alleging a breach of the implied warranty of fitness for a particular purpose under Tennessee Code Annotated section 47-2-315. The trial court sided with Deep South, finding that Jet Printing breached the implied warranty and excluded Jet Printing's expert testimony as unnecessary. Jet Printing appealed, contesting both the finding of breach and the exclusion of its expert's testimony. The appellate court upheld the trial court's decision, confirming the existence of the implied warranty due to Deep South's reliance on Jet Printing's expertise and the suitability of the film for its specific use. The court also found no abuse of discretion in the exclusion of Jet Printing's expert witness. Consequently, the judgment against Jet Printing was affirmed, and costs were assigned to it and its surety.

Legal Issues Addressed

Assessment of Reliance in Implied Warranty Claims

Application: The court determined that Deep South relied on Jet Printing's expertise to provide film suitable for sealing, establishing the basis for an implied warranty of fitness for a particular purpose.

Reasoning: Regarding reliance, the trial court concluded that Deep South expected Jet Printing to use its judgment to determine an appropriate film type for sealing.

Breach of Implied Warranty of Fitness for a Particular Purpose

Application: The court found that Jet Printing breached the implied warranty of fitness for a particular purpose by supplying polyethylene film that was not suitable for Deep South's intended use of manufacturing sealable bags.

Reasoning: The trial court concluded that Jet Printing breached the implied warranty of fitness for a particular purpose, as outlined in Tennessee Code Annotated section 47-2-315.

Exclusion of Expert Testimony

Application: The trial court excluded Jet Printing's expert testimony regarding industry standards, determining it was unnecessary for interpreting the purchase order, while allowing Deep South's expert to testify due to his relevant experience.

Reasoning: The court refused to admit expert testimony from Jet Printing about standard assumptions in the industry, deeming it unnecessary for interpreting the purchase order.

Standard for Reviewing Factual Findings

Application: The appellate court reviewed the trial court's factual findings with a presumption of correctness, upholding the trial court's credibility determinations absent clear and convincing evidence to the contrary.

Reasoning: The case is reviewed de novo, with a presumption of correctness for factual findings unless evidence contradicts the trial court's decision.