Legal Opinion · Dissent

Parker v. Compton

Court of Appeals of Tennessee

Decided January 2, 1973Published

1DissentNearn, Judge

I must respectfully dissent from the opinion of the majority.

As I understand the majority opinion Mrs. Parker is not entitled to a commission, although the owners agreed that if they sold the property they would pay Mrs. Parker a commission, because (a) Mrs. Parker did not procure a buyer ready, willing, and able to purchase the property under the terms of the listing, (b) the owners contract with Rogers was not binding and enforceable until after the expiration of the listing as it was a "conditional” contract and not a sale under the reasoning of Gudim Realty, Inc. v. Hughes (1969), 284…

2Cases cited5 opinions

  1. Hutchinson v. Dobson-Bainbridge Realty Co.Court of Appeals of Tennessee · 1946
  2. Robinson v. Kemmons Wilson Realty CompanyCourt of Appeals of Tennessee · 1956
  3. Hagan v. Nashville Trust Co.Tennessee Supreme Court · 1910
  4. Gudim Realty, Inc. v. HughesSupreme Court of Minnesota · 1969
  5. Hood v. GillespieTennessee Supreme Court · 1950

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