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· 1/16/2019

June Acuff v. Sally Baker

Syllabus

This appeal involves a complaint for damages for breach of an alleged oral agreement to conduct an estate sale. After a bench trial, the trial court awarded Appellee damages for breach of contract, negligent bailment, and violation of the Tennessee Consumer Protection Act (\TCPA\). For violation of the TCPA, the trial court trebled the compensatory damages awarded Appellee and also awarded attorney's fees and costs against Appellant. Because the parties did not have a sufficiently definite agreement to be enforceable, we reverse the trial court's award of damages for breach of contract. We also reverse the trial court's findings of negligent bailment and violation of the TCPA, which resulted in the award of treble damages and attorney's fees. We affirm the trial court's award of the sale proceeds to Appellee.

Judges: Judge Kenny Armstrong

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