Karl Robert Kokko et al. v. Thomas L. Moore, Jr. et al.

This is an action for breach of contract, unlawful procurement of breach of contract, and civil conspiracy arising out of a purchase and sale agreement related to real property in Moore County, Tennessee. The buyers, Karl and Beth Ann Kokko, alleged that the sellers, Thomas and Wendy Moore, breached the contract by failing to fulfill their obligation to close. The Kokkos further alleged that Gregg and Daffney Driver induced the breach by conspiring with the Moores to sell the property to the Drivers’ company, MOCAR Enterprises, Inc. The listing realtor, Crye-Leike of Nashville, Inc., intervened to collect a commission. The trial court took several actions that are at issue on appeal. First, the court granted the Kokkos’ Motion for Sanctions against the Drivers and MOCAR and entered a default judgment against them on the claims for unlawful procurement and conspiracy. Second, the court granted the Kokko’s Motion for Partial Summary Judgment and entered judgment against the Moores on the claims for breach of contract and conspiracy. Third, the court set aside the MOCAR deed and ordered specific performance of the contract. And fourth, the court granted Crye-Leike’s claim against the Moores for a commission. This appeal followed. We conclude that summary judgment was inappropriate on the Kokkos’ claim for civil conspiracy but affirm the trial court in all other respects. Thus, we vacate the trial court’s judgment in part, affirm it in part, and remand for further proceedings consistent with this opinion.