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Parker v. Compton

511 S.W.2d 708, 1973 Tenn. App. LEXIS 264
Court of Appeals of Tennessee·Decided January 2, 1973·Published

Opinions

CARNEY, Presiding Judge.

The complainant below, Bettye Parker, d/b/a Bettye Parker Realty Company, has appealed from a decree of the Chancery Court dismissing her suit against M. L. Compton and wife, Patricia Compton, to recover a commission of $1,620.00 for the sale of the Comptons’ home in Chattanooga, Tennessee. Complainant also sought treble damages under the authority of T. C.A. Section 47-15-113 against the defendant, Ronald G. Rogers. She averred that Mr. Rogers, the purchaser of the home, had procured M. L. Compton and wife to breach the written contract with Bettye Parker giving complainant the exclusive right to sell the home. The Chancellor dismissed complainant’s suit against defendant Rogers as well as the Comptons.

Mr. Compton was being transferred by his company and first tried to sell his home without the services of a realtor. He advertised the same in the Chattanooga papers. Defendant Ronald G. Rogers contracted to buy the home from Mr. and Mrs. Compton at a price of $28,019.55 of which amount he was to pay $6,400.00 in cash and Rogers was to assume a mortgage for the balance. The Title Guaranty & Loan Corporation of Chattanooga prepared the closing papers but Mr. Rogers was unable to raise the $6,400.00 down payment [709] on the designated date for closing. He was released of his contract by Mr. Compton.

Shortly thereafter in May, 1970, Mr. and Mrs. Compton listed their home for sale with the complainant, Bettye Parker, at her solicitation. On June 24, 1970, a new contract was entered into between Mr. and Mrs. Compton and Bettye Parker which is the basis of the complainant’s suit in the present cause. The pertinent parts of said contract are copied herein:

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Parker v. Compton, 511 S.W.2d 708, 1973 Tenn. App. LEXIS 264 (Tenn. Ct. App. 1973).

511 S.W.2d 708 (Parker v. Compton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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