Helen Broyels v. Emma Woodson, et al

Case Number
E2004-00402-COA-R3-CV

Helen Broyles ("Plaintiff") sued Emma Woodson and the Estate of H.Y. Woodson, Emma Woodson, Executrix ("Defendants") claiming that her husband and H.Y. Woodson entered into an agreement in 1990 for Plaintiff's husband to purchase a house located in LaFollette, Tennessee for $21,000. Both Plaintiff's husband and H.Y. Woodson had passed away when the complaint was filed. Plaintiff claimed Emma Woodson was not calculating interest properly and had not given Plaintiff proper credit for the house payments that had been made. Plaintiff requested the Trial Court examine the relevant documentation and establish the amount of Plaintiff's equity and the amount still owing. It was admitted by the parties that there was an agreement of some sort between their deceased husbands. However, that agreement was either an oral agreement or, if it had been reduced to writing, the written instrument appeared to be lost or destroyed. The Trial Court granted summary judgment to Defendants after concluding: (1) the Statute of Frauds rendered the agreement unenforceable; (2) the Dead Man's Statute precluded admission into evidence of any proof regarding the terms of the agreement; and (3) Defendants had negated an essential element of Plaintiff's contract claim which required her to establish the essential elements of the alleged contract with reasonable definiteness. Plaintiff appeals, and we affirm as modified.

Authoring Judge
Judge David Michael Swiney
Originating Judge
Chancellor Billy Joe White
Case Name
Helen Broyels v. Emma Woodson, et al
Date Filed
Dissent or Concur
No
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