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Killen v. Phillips Wrecker Service and Garage

Court of Appeals of Tennessee, Knoxville

August 11, 2017

DEWAYNA M. KILLEN
v.
PHILLIPS WRECKER SERVICE AND GARAGE

          Assigned on Briefs August 1, 2017

         Appeal from the Circuit Court for Monroe County No. V16258P Lawrence Howard Puckett, Judge

         This dispute stems from an agreement for the purchase and installation of a used automobile motor. The parties to the agreement both claim the other breached the agreement. Following a trial, the circuit court determined that the purchaser breached the agreement. Discerning no error, we affirm.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Case Remanded

          Dewayna M. Killen, Madisonville, Tennessee, pro se appellant

          Scott E. Phillips d/b/a Phillips Wrecker Service and Garage, Tellico Plains, Tennessee, pro se appellee.

          W. Neal McBrayer, J., delivered the opinion of the court, in which John W. McClarty and Arnold B. Goldin, JJ., joined.

          MEMORANDUM OPINION [1]

          W. NEAL McBRAYER, JUDGE

         The appellant, the plaintiff below, Ms. Dewayna M. Killen, is the owner of a Chevrolet Impala in need of a new motor. Mr. Scott E. Phillips is the sole proprietor of the appellee, the defendant below, Phillips Wrecker Service and Garage, an automobile dismantling yard.

         Ms. Killen initially filed suit against Phillips Wrecker Service and Garage and another party in the General Sessions Court for Monroe County, Tennessee. She claimed that Mr. Phillips had quoted her a price for a motor and installation that he would no longer honor. Ms. Killen further claimed that Mr. Phillips would not return the money that she had allegedly paid to Phillips Wrecker Service and Garage.

         Although the general sessions court awarded her a judgment, Ms. Killen appealed to the Circuit Court for Monroe County. As they both do now in this appeal, the parties represented themselves before the trial court. According to the statement of the evidence submitted by Mr. Phillips, the following took place at the trial:

Ms. Killen was asked to explain what had happened. Ms. Killen is asking for a refund of $600.00 because she claims no services were rendered to her. I explained to Judge Puckett that Ms. Killen called us at the end of Jan. 2016 about a motor for her Chevrolet Impala and we went over the price of the motor with Ms. Killen.
I then explained to Judge Puckett that on February 18th, 2016 that we (Phillips) and Ms. Killen agreed to meet in Madisonville, TN with my wife Joyce Phillips to pick up the down payment of $200.00 for a motor for her Chevy Impala at the cost of $400.00 plus tax (9.25%) with a total of $437.00. The deposit left $237.00. She also had asked if our shop could install the motor for her and was told we could not install it because our Mechanic had gotten sick and had to quit. I referred Ms. Killen to another local automotive shop named Shep's Garage in Tellico Plains and gave her his phone number.
Ms. Killen was advised that as soon as she payed [sic] the motor off, we at Phillips would deliver the motor ...

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