Milliken Group, Inc. v. Hays Nissan, Inc.

OPINION

in which W. FRANK CRAWFORD, P.J., W.S., and ALAN E. HIGHERS, J., joined.

This dispute arises from a contract for capital improvements entered into between the plaintiff and the agent of the defendant. The primary issues on appeal are whether the agent had the authority to bind the defendant to the contract, and whether the trial court erred in limiting the amount of damages awarded to the plaintiff. We affirm in part and modify the judgment.

In the Fall of 1998, Mr. Barry Busby, the general manager of Hays Nissan in Madison, Tennessee, entered into a contract with the Milliken Group,…