Tennessee Code Annotated
Tenn. Code Ann. § 47-2-304 (2026)
Price payable in money, goods, realty, or otherwise
✓ current as of May 2026
- (1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.
- (2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this chapter, but not the transfer of the interest in realty or the transferor's obligations in connection therewith.
Acts 1963, ch. 81, § 1 (2-304).
Notes of Decisions
Cited in 3
cases, 2003–2010 · leading case: Beard v. Worldwide Mortg. Corp., 354 F. Supp. 2d 789 (W.D. Tenn. 2005).
Beard v. Worldwide Mortg. Corp., 354 F. Supp. 2d 789 (W.D. Tenn. 2005). “Tenn.Code Ann. § 47-2-304. The Court previously determined that Plaintiff failed to establish a claim for *816 breach of contract against Equity Title or Winkel.”
Gentry v. Hershey Co., 687 F. Supp. 2d 711 (M.D. Tenn. 2010). “However, the statute defines “merchant” as “a person who deals in goods of the kind” at issue, T.C.A. § 47-2-304(1), and imposes an implied warranty of merchantability “if the seller is a merchant with respect to goods of that kind.”
State of Tennessee v. Susan Sophia McDaniel - Concurring (Tenn. Crim. App. 2003). “” Tenn. Code Ann. § 47-2-304 (1) (2001). Thus, the defendant was a “seller” of the used lawn mower, and consequently, with respect to this part of the double transfer, Walmart was the buyer.”
— Tenn. Code Ann. § 47-2-304(1) — 1 case
Gentry v. Hershey Co., 687 F. Supp. 2d 711 (M.D. Tenn. 2010). “However, the statute defines “merchant” as “a person who deals in goods of the kind” at issue, T.C.A. § 47-2-304(1), and imposes an implied warranty of merchantability “if the seller is a merchant with respect to goods of that kind.”
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