Stephen Johnson v. David A. LeFeve et al.

This case stems from an alleged oral promise by the owner of two companies to pay the chief financial officer of one company a bonus of ten percent of the “profits” of both companies for work performed for the companies, including related to the sale of certain real property by one company. The plaintiff sued, alleging breach of contract, promissory estoppel, fraud, and unjust enrichment. The defendants, the companies and their owner, filed a motion to dismiss on the grounds that the claims were barred by the parties’ written contract and the Tennessee Real Estate Broker License Act. The trial court denied the motion to dismiss but later granted summary judgment on all of plaintiff’s claims and ruled in favor of the defendant as to their defense under the real estate broker statute. Both parties appeal. We affirm the grant of summary judgment as to the plaintiff’s claims for fraud and unjust enrichment but reverse as to the claims for breach of oral contract and promissory estoppel. We also reverse the trial court’s grant of summary judgment to the defendants on their defense under the real estate broker statute.