Susanna Gillespie, A/K/A Susanna Grezegorcyk, A/K/A Susanna Kantack A/K/A Susanna Gregg, v. Stephen D. Graham and Lori G. Graham

This is an appeal from the decision of the Williamson County Chancery Court. Plaintiff/appellant, Susanna Gregg, claims the chancery court erred when it denied her claim to attorney’s fees, and defendant/appellee, Steven D. Graham, claims the chancery court erred when it failed to dismiss the claim as outside the statute of limitations. The facts out of which this matter arose are as follows: Defendant and his ex-wife, Lori G. Graham, entered into an agreement with Plaintiff and her husband, Donald Kanatack, for the lease/purchase of a piece of real estate. Defendant executed a note and a deed of trust in favor of Plaintiff and her husband on 15 March 1986. In exchange for the note, Plaintiff and her husband gave Defendant and Ms. Graham $10,477.17, which they used to pay real estate commissions and to set up an escrow account for repairs. The note listed the date of maturity as “on or at closing,” and the lease/purchase agreement listed the date of closing as 17 February 1988. Both the note and the deed contained provisions allowing Plaintiff to recover attorney’s fees if Plaintiff had to file suit to recover under each agreement. At the time of execution, however, the parties modified the note by drawing an “X” over five consecutive paragraphs. One of these paragraphs included the provision allowing the note holder to recover costs and expenses under certain circumstances.1 The parties failed to pay the note on 17 February 1988. The parties extended the original lease/purchase agreement for an additional year by executing an addendum on 27 May 1988. The new closing date passed without incident and both parties continued as they had in the contract for two additional years. A fire occurred on the property in 1990 while Plaintiff still occupied it.  After the insurance company paid the settlement to Defendant, he evicted Plaintiff from the property.