Bailey v. Montgomery

Judith Rogers, Judge.

This appeal involves a judgment of the chancellor dismissing appellants’ claim for the return of their earnest money deposit plus damages and awarding appellee a broker’s commission of $2,700.00 and attorney’s fees of $2,500.00 on his counterclaim. We affirm the chancellor’s dismissal of appellants’ complaint and reverse the chancellor’s award of damages and attorney’s fees.

Appellee, Larry Montgomery, doing business as Montgomery Real Estate, advertised some property belonging to Wayne Dickens and Kathryn Dickens for auction. The advertisement read in part:

Green Forest,…