Farragut Baggage & Transfer Co. v. Shadron Realty Inc.

KRUCKER, Chief Judge.

This appeal arises out of a lawsuit instituted by the appellees, plaintiffs below, to recover a brokerage commission allegedly owing for performance of certain services. After pre-trial, cross motions for summary judgment were filed and the court, based upon the record and memoranda of the parties, granted the plaintiffs’ motion. From the judgment entered thereon, defendant appealed.

At the time the motions were ruled upon, the record consisted of the pleadings, depositions and certain documentary exhibits. Since review of the challenged ruling necessarily depends upon the…