Curtis v. Reeves

736 S.W.2d 108, 1987 Tenn. App. LEXIS 2626
CourtCourt of Appeals of Tennessee
DecidedApril 15, 1987
StatusPublished
Cited by7 cases

This text of 736 S.W.2d 108 (Curtis v. Reeves) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. Reeves, 736 S.W.2d 108, 1987 Tenn. App. LEXIS 2626 (Tenn. Ct. App. 1987).

Opinion

OPINION

LLOYD TATUM, Special Judge.

At a bench trial, the Chancellor awarded judgment in the sum of $29,000.00 in favor of the plaintiff, Dorothy Curtis, for breach of a contract under the terms of which the plaintiff was to receive compensation for performing “custodial services”. The Chancellor held that since the plaintiff was an independent contractor, she could not be discharged for cause during the term of the contractual relationship. We disagree and reverse the judgment of the trial court.

[109]*109We concur with the finding of fact clearly set forth in a memorandum filed by the Chancellor:

“This case was tried before the Court with the undersigned judge, sitting by interchange, on May 7, 1986, and then taken under advisement.
In this action, Dorothy Curtis, plaintiff, seeks to recover a judgment against Harold Reeves and Fred Rosenberg, defendants, in the amount of thirty-four thousand, two hundred and fifty dollars ($34,250.00), for an alleged breach of a maintenance contract related to custodial services at 640 Spence Lane, Nashville, Tennessee. At the outset, it should be noted that the plaintiff is the former mother-in-law of the defendant, Harold Reeves (hereinafter defendant). The defendant is a licensed attorney practicing real estate law in Davidson County.
On December 22, 1983, plaintiff, Dorothy Curtis, and defendants, Harold Reeves and Fred Rosenberg, D/B/A RAHFG, Joint Venture, entered into an agreement regarding custodial services for a building owned by the Joint Venture — Before entering into this written agreement, the plaintiff had been performing custodial services for the defendants for three (3) years under an oral agreement and was compensated for such services in an amount of nine hundred dollars ($900.00) per month which was later raised to nine hundred and fifty dollars ($950.00) per month. At no time, either in the three years prior to the signing of the written contract or thereafter, did the defendant withhold taxes or social security payments from the compensation paid to the plaintiff. The written contract indicates that the plaintiff is not an employee of the owner. The plaintiff at times hired another worker whom she paid out of her compensation to help her perform the custodial duties. The written agreement was entered into due to the expectation of the parties that the defendants were about to sell the building, and that the prospective buyer had indicated that he would honor any agreement regarding custodial services entered into due to the expectation of the parties that the defendants were about to sell the building, and that the prospective buyer had indicated that he would honor any agreement regarding custodial services entered into by the sellers, Reeves and Rosenberg.
The agreement, signed on December 22, 1983, titled ‘Maintenance Contract’ provided as follows:
This contract effective January 2, 1984, by and between RAHFG, Joint Venture (owner) and Dorothy Curtis (custodian). Whereas the parties have had a mutually beneficial working agreement for three years, and each has enjoyed the relationship, and wish to continue and to reduce their agreements to writing.
Whereas owner agrees to pay $950.00 per month thru 1984, and, thereafter, $1,150.00 per month thru 1985, and $1,150.00 per month thru 1986.
Owner acknowledges its responsibility to pay for supplies used in cleaning the building and delegates to custodian the right to purchase same, and owner will reimburse same upon presentment of the actual receipts for same.
Owner and custodian do hereby acknowledge that owner does not provide insurance of any kind, because custodian is not an employee.
This agreement was drafted by the defendant, Harold Reeves, and according to the testimony of both parties, the plaintiff was asked to read it, think about it overnight, and then return it to the defendant. The plaintiff took the agreement home, thought about it, signed it, and returned it to the defendant. The agreement was then signed by the defendant on behalf of the Joint Venture.
According to the terms of the written agreement, it became effective on January 2, 1984. However, subsequent to that date, the prospective purchaser of the building decided not to purchase the building. The defendants, however, began paying the plaintiff in January of 1984, the amount due and owing under the contract. Even after the sale of the building fell through, the defendant con[110]*110tinued to pay the plaintiff consistent with the terms of the contract.
As previously mentioned, the plaintiff was the defendant’s mother-in-law. At the time the contract was signed, her daughter had been married to the defendant some ten (10) years. During the Spring of 1984, however, the defendant and his wife separated and their marital problems cast a shadow over the business relationship between the plaintiff and the defendant. At no time did the defendant have any complaint about the quality of the plaintiff’s work as custodian in his building. In May of 1984, the marital problems between the defendant and his wife caused an end to the business relationship between the plaintiff and the defendant, acting on behalf of the Joint Venture.
On Mothers day in May, 1984, members of the plaintiff’s family and members of the defendant’s family had an accidental meeting at Ruby Tuesday’s, a restaurant in Nashville. At this time, the plaintiff’s daughter and the defendant were separated. The accidental meeting resulted in a verbal altercation between members of the plaintiff’s family and the defendant. The defendant contends that the plaintiff, who was present, contributed to this verbal altercation.
Thereafter, plaintiff, while at work as a custodian, came into the office of Ms. Clara Harper, a tenant of the building owned by the defendants on Spence Lane, and told Ms. Harper of the marital difficulties between her daughter and the defendant. Ms. Harper testified that the plaintiff told her of the Ruby Tuesday’s incident, as well as other stories about the defendant and her daughter’s marital problems. Finally, the plaintiff stated that she could not understand how Ms. Harper could stay in a building where her landlord was of such low moral character.
Subsequent to that conversation, the defendant sought out Ms. Harper and inquired of her whether his mother-in-law, the plaintiff, had been speaking ill of him. She told the defendant that the plaintiff had discussed his marital problems and also informed him that the plaintiff had mentioned the Ruby Tuesday’s incident, as well as the plaintiff’s low opinion of the defendant. Specifically, she mentioned the plaintiff’s statement regarding how Ms. Harper could stay in the building when her landlord, the defendant, was of such low moral character.
After the conversation with Ms. Harper, the defendant spoke to the plaintiff and advised her that her employment had to be terminated because he no longer felt comfortable around her. The defendant reminded her that he had previously advised her that if she became involved in his divorce proceedings that he would have to terminate her services. After his conversation with Ms.

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736 S.W.2d 108, 1987 Tenn. App. LEXIS 2626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-reeves-tennctapp-1987.