Gregory v. Dealers' Equipment Co.
Decision Date | 17 December 1927 |
Parties | GREGORY v. DEALERS' EQUIPMENT CO., Inc. |
Court | Tennessee Supreme Court |
Appeal from Circuit Court, Shelby County; W. P. Biggs, Special Judge.
Suit by Robert C. Gregory against the Dealers' Equipment Company, Inc. From a judgment of dismissal, plaintiff appeals. Affirmed.
U. A. Burgess, of Memphis, for appellant.
Wilson, Gates & Armstrong and Emmett W. Braden, all of Memphis, for appellee.
This was a suit for damages. A demurrer to the declaration was sustained and the suit dismissed. The declaration is in one count, and is set forth in the following language, omitting the formal opening:
The demurrer challenged the declaration on the grounds, in substance, that no cause of action was stated; that there was no legal obligation on the part of the defendant to refrain from revealing the information; that it owed no duty to the plaintiff in this regard, and was guilty of no wrongful act; also that the alleged employment was against public policy, plaintiff not being alleged to be an attorney at law.
We find no error in the action of the trial court in sustaining the demurrer. The declaration fails to state a cause of action. The disclosure by the defendant of the information volunteered to it by plaintiff was certainly not of itself an unlawful or wrongful act. Defendant owed pla...
To continue reading
Request your trial-
Welch v. Bancorp Management Advisors, Inc., A7606-08607
...n 93 (4th ed 1971), cites the following cases:"Lancaster v. Hamburger, 1904, 70 Ohio St. 156, 71 N.E. 289; Gregory v. Dealers' Equipment Co., 1927, 156 Tenn. 273, 300 S.W. 563; Bentley v. Teton, 1958, 19 Ill.App.2d 284, 153 N.E.2d 495; Diver v. Miller, 1929, 4 W.W.Harr., Del., 207, 148 A. 2......