# Tartera v. Palumbo

> Tennessee Supreme Court · May 4, 1970 · 224 Tenn. 262

URL: https://www.frixlaw.com/law-library/cases/9863136

## Case

- **Full name:** Alex Jack Tartera and Thersa D. Tartera, Plaintiffs in Error, v. Frank P. Palumbo, Defendant in Error
- **Court:** Tennessee Supreme Court
- **Decided:** May 4, 1970
- **Citations:** 224 Tenn. 262; 453 S.W.2d 780; 1970 Tenn. LEXIS 323
- **Precedential status:** Published
- **Opinion:** Concurrence by Creson
- **Judges:** Bozeman, Canless, Creson, Dyer, Jenkins
- **Cited by:** 74 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9863136

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9863136. Public record. Not legal advice.