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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

FILED
BRAXTON D. DIXON, Plaintiff/Appellee, v. STEVE BRYAN, Defendant/Appellant. ) ) ) ) ) ) ) ) ) Sumner Circuit No. 16102-C December 15, 1998 Appeal No. 01A01-9707-CV-00371 Cecil W. Crowson Appellate Court Clerk APPEAL FROM THE CIRCUIT COURT OF SUMNER COUNTY AT GALLATIN, TENNESSEE

THE HONORABLE THOMAS GOODALL, JUDGE

For the Plaintiff/Appellee: C. Tracey Parks Gallatin, Tennessee

For the Defendant/Appellant: William Kennerly Burger Murfreesboro, Tennessee

AFFIRMED

HOLLY KIRBY LILLARD, J.

CONCURS: W. FRANK CRAWFORD, P.J., W.S.

ALAN E. HIGHERS, J.

OPINION This is an action brought under the Tennessee Consumer Protection Act. The suit arose out of a contract to sell an antebellum log home to be dismantled and moved. The trial court found that the defendant knowingly engaged in a deceptive trade practice, and awarded the plaintiff treble damages and attorney's fees. We affirm. In June 1995, Defendant/Appellant Steve Bryan ("Bryan") placed an advertisement in a publication, the Traders Post, reading in pertinent part: "2 story Cedar Dog Trot Log House - To be moved - $5000 . . ." The home, built in approximately 1820, was located in Bedford County. Plaintiff/Appellee Braxton Dixon ("Dixon") responded to the advertisement. Dixon is a builder and a designer who specializes in the restoration, preservation, and relocation of antebellum structures. Dixon and Bryan discussed the sale of the log home. Dixon alleges that Bryan told him that he owned the log home and "signed a statement to that effect." The parties orally agreed that Dixon would purchase the home for $4000. Dixon tendered $2000 in cash to Bryan and agreed to pay the remainder after the house was dismantled. To document the transaction, Dixon signed a sales agreement entitled "Agreement and Bill of Sale," ("Agreement"). The Agreement listed Mrs. W. D. Haynes ("Haynes") as the "seller." Haynes had not signed the Agreement. Dixon arranged to resell the log home to a purchaser in Texas and made preparations for the home's dismantling and shipment. At the site of the log home, before the dismantling was completed, Dixon was confronted by a local realtor. The realtor told Dixon that Haynes owned the home and that the realtor had listed the property for sale. Dixon immediately stopped his preparations for dismantling and transporting the log home. Dixon later learned that Bryan had been trying for some time to purchase the home from Haynes. Bryan's draft purchase contracts, submitted to Haynes, had been rejected. After Bryan obtained the $2,000 deposit from Dixon, he had a $1,000 cashier's check drawn to Haynes and sought to meet with her to obtain permission to sell the log home and consummate the transaction. Bryan was unable to meet with Haynes. In addition to the $2,000 paid to Bryan, Dixon incurred expenses originally estimated at $863. Bryan agreed to return the $2,000 to Dixon and pay him $863 in expenses incurred. Bryan

repaid the $2,000 deposit to Dixon but did not pay the expenses. Dixon later determined that his expenses totaled $1,038,66. Dixon filed this action in Sumner County General Sessions court to recover his damages from Bryan's alleged breach of contract and misrepresentation. Dixon also sought treble damages and attorney's fees under the Tennessee Consumer Protection Act ("Consumer Protection Act") See Tennessee Code Annotated

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Tennessee Law