land surveyor who negligently prepared a plat for the purchaser of property held liable to sellers because he had full knowledge that the survey was to be used for describing the property in the warranty deed upon which both the sellers and buyers would rely
How later courts described this case
- land surveyor who negligently prepared a plat for the purchaser of property held liable to sellers because he had full knowledge that the survey was to be used for describing the property in the warranty deed upon which both the sellers and buyers would rely
- land surveyor held liable to non-client purchaser of property for faulty property description in deed
- surveyor hired by purchaser of property may be liable for negligent misrepresentation to plaintiff-owners for losses due to a mistaken description in the warranty deed executed in reliance upon his negligent survey
- dispensing with the privity requirement
Written by the judges who cited it.
The opinion
Mr. Justice Creson,
(concurring).
While I fully agree with the result reached by the majority in the instant case, I can go no farther. The rationale of the majority opinion seems to be that the declaration, met by demurrer, states a cause of action for something designated as “negligent misrepresentation”. For a very long time, misrepresentation has, in this State, constituted a significant part of the law of (1) rescission, (2) reformation, and (3) the cause of action for fraud and deceit. However, I cannot accept the idea that there has ever existed, does now exist, or should ever exist, in Tennessee, any action for alleged “negligent misrepresentation”. This is no more than a vacuous phrase, ap *274 parently of academic origin. The words are, in fact, inherently repugnant.
On the other hand, the declaration in the instant case does allege a maintainable cause of action against a surveyor who had contractually assumed the obligation to use reasonable and ordinary care in the performance of his duties. It is equally clear that this surveyor was abundantly aware of the identity of the parties, including this plaintiff, who would inevitably suffer by reason of his negligent performance of the duty assumed.