Axline v. Kutner
Tennessee Court of Appeals
863 S.W.2d 421 (1993)
Relevant factsFree
Axline (plaintiff) bought a home from its builder, Kutner (defendant). The sale contract limited "implied warranties" to one year and stated Axline accepted the home "as is" with no warranties beyond those in the contract. Axline later sued for breach of the implied warranty of habitability; Kutner argued the contract's language had disclaimed that warranty, and the trial court agreed, granting partial summary judgment for Kutner.
IssueFree
Whether a builder's disclaimer of the implied warranty of habitability is invalid if it is not stated in clear and unambiguous terms.
Related cases
County of Dane v. Norman497 N.W.2d 714 (1993)Holscher v. James860 P.2d 646 (1993)Maplewood Bank & Trust v. Sears, Roebuck & Co.625 A.2d 537 (1993)Atlantic Richfield Co. v. The Long Trusts860 S.W.2d 439 (Tex. App. 1993)Citizens Bank & Trust v. Brothers Construction & Manufacturing, Inc.859 P.2d 394 (1993)