Robinson v. Kenney

526 S.W.2d 115, 1973 Tenn. App. LEXIS 244
CourtCourt of Appeals of Tennessee
DecidedOctober 1, 1973
StatusPublished
Cited by10 cases

This text of 526 S.W.2d 115 (Robinson v. Kenney) 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
Robinson v. Kenney, 526 S.W.2d 115, 1973 Tenn. App. LEXIS 244 (Tenn. Ct. App. 1973).

Opinion

CARNEY, Presiding Judge.

The plaintiffs below, appellants herein, Dr. and Mrs. N. W. Robinson, brought suit for specific performance to enforce an option to purchase 36 acres of land near the City of Martin, Tennessee. Dr. Robinson is the professor of Animal Science at the College of Agriculture at the University of Tennessee at Martin. He also serves as pastor of the First Christian Church in Martin.

The defendant, Raymond Kenney, is the owner of approximately 350 acres of farm land adjoining the southeast limits of the City of Martin. Mr. and Mrs. Kenney were close personal friends of Dr. and Mrs. Robinson for several years prior to the present litigation. Mr. Kenney has been a school teacher. He holds a master’s degree and lacks only a little more work on his doctorate degree. Mrs. Kenney is also a school teacher.

There is very little dispute as to the facts of the case. Mr. Kenney admits that he signed the written option to sell the 36 acres of land to Dr. Robinson but contended that he did not read the written option and did not understand the contents of it and that he, in fact, meant only to give Dr. and Mrs. Robinson the refusal of the land if and when he ever decided to sell it.

His Honor the Chancellor found adversely to the contention of Mr. and Mrs. Kenney that they did not intend to enter into an option contract with Dr. and Mrs. Robinson. However, the Chancellor sustained the position of the defendants that there was no consideration paid for the option and “the same is unenforceable.” Dr. and Mrs. Robinson have appealed and assigned error.

We concur in the finding of the Chancellor that the defendants Kenney and wife did understand that they were granting to Dr. and Mrs. Robinson a written [117]*117option to purchase the 36 acres of land described in the written option but we find from the preponderance of the evidence that there was a consideration for the execution of the option and that His Honor was in error in refusing to enforce the option. An elaboration of the facts leading up to the execution of the option is in order.

About six years ago when Dr. Robinson came to U. T. at Martin, Dr. and Mrs. Robinson met and formed a close association and friendship with Mr. and Mrs. Ken-ney. Dr. Robinson owned a home and ten or eleven acres of land adjoining the city limits of Martin but not adjoining the lands of the defendant Kenney. They were separated by about two miles. Dr. Robinson helped Mr. Kenney dehorn and castrate his livestock and in turn, Mr. Kenney loaned Dr. Robinson a tractor to plow his garden and mow his ten or eleven acres of ground. They exchanged work frequently without any money passing between them.

Over a period of four or five years Mr. Kenney often suggested to Dr. Robinson and wife that they sell their home in Martin and build a home on a 50-acre tract of the Kenney land so that they could be closer together. In May or June, 1972, Dr. Robinson began giving serious consideration to the idea of selling his home and ten acres of land and buying the 50 acres from Mr. Kenney and building a home thereon. They agreed at a price of $500.00 per acre or $25,000.00 for the purchase price of the 50 acres of ground. The deal was dependent upon Dr. Robinson being able to find a buyer for his home and ten or eleven acres.

Dr. Robinson told the local real estate agent, Mr. Mickey Moore, to be looking for somebody that might buy his house. Sometime about July 15,1972, Mr. Moore located a Dr. Muncie, who was coming to U. T. at Martin, and was interested in Dr. Robinson’s four-bedroom ten-acre tract of land. Dr. Robinson then communicated with Mr. Kenney about buying the 50 acres of ground and Mr. Kenney was agreeable to financing the purchase price nearly any way Dr. Robinson wished. The new purchaser, Dr. Muncie, would not have his money readily available because he had to sell his house in New Mexico. Dr. Robinson was required to build a new home for occupancy by September 1,1972, when Dr. Mun-cie was to get possession of the Robinson home.

As a precautionary measure Dr. Robinson asked Mr. Kenney about buying 14 acres for $7,000.00 and an option for the remaining 36 acres for one year. The defendant Ken-ney first agreed to this arrangement, then later suggested to Dr. Robinson that if Dr. Robinson should fail to exercise his option, Mr. Kenney would have been damaged to some extent by virtue of Dr. Robinson having taken considerable road frontage in the 14-acre tract that he was purchasing; that the 14 acres on the front was worth more per acre then the back 36 acres. The defendant Kenney suggested that it would be fair for Dr. Robinson to pay him $10,000.00 for the 14 acres of land and get the option on the remaining 36 acres at only $15,000.00 which, if and when he exercised the option, would make the total purchase price $25,-000.00 which the parties had already agreed upon. The reason Dr. Robinson didn’t go on and purchase the entire 50 acres at the time was that he was not sure just exactly in what amounts his money was going to come and just how much his new house would cost.

On or about July 18, 1972, Mr. and Mrs. Kenney executed a warranty deed to the 14 acres of ground which recited a consideration of $10,000.00 cash but in reality Dr. and Mrs. Robinson only paid $500.00 down and gave their two notes: one for $4,500.00 due in 60 days and the other for $5,000.00 due in 10 years at 6% interest. However, Dr. and Mrs. Robinson shortly thereafter had to pay the full $10,000.00 to get the 14.2 acres released from trusts on the Kenney land to Federal Land Bank and one of the Martin banks.

The real estate agent, Mr. Mickey Moore, also prepared, contemporaneously with the deed, the written option to the 36-acre tract [118]*118of land reciting a purchase price of $15,-000.00 to be paid in cash “or other terms agreed upon at the time option is exercised.” The description of the 36 acres was comprised of a description of the 50-acre tract of land with the exclusion of the 14.2 acres sold to Dr. Robinson leaving the remainder of 36 acres more or less. The concluding paragraph of the option is as follows:

“It is understood and agreed that this instrument is intended to create an option contract, binding the parties of the first part to convey said property to the parties of the second part, or to their successors, assigns, or beneficiaries in trust, in the event the party or parties for whose benefit this contract is made shall exercise said option to purchase said land thereof on or before July 17, 1973, said option to expire if not entirely exercised at or before twelve o’clock, noon, of said day, Central Standard Time.
IN WITNESS WHEREOF the said parties of the first part have hereunto set their hand and seal the day and year first above mentioned and written.
/s/ Raymond S. Kennev RAYMOND S. KENNEY
/s/ Opal S. Kennev OPAL S. KENNEY”

The option was acknowledged before the real estate agent, Mr. Mickey W. Moore.

Mr. Kenney’s statement that he did not know he had signed an option is contradicted, not only by the testimony of Dr. Robinson, but by the testimony of the real estate agent, Mickey Moore, and by one of his neighbors, Mrs. Audrey Fay Evans. Mr. Kenney rents land from Mrs. Evans. Mrs. Evans testified that Mr. Kenney often came by her home and talked to her and that shortly after the deal with Dr. Robinson was consummated, Mr. Kenney told her that they were going to have new neighbors; that he had sold Dr. and Mrs.

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Cite This Page — Counsel Stack

Bluebook (online)
526 S.W.2d 115, 1973 Tenn. App. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-kenney-tennctapp-1973.