Jeanette Jenkins, et al. v. Billy Gene Robertson

Billy Gene Robertson (“Defendant”) listed property for lease with Jeanette Jenkins, the listing agent, and Eilene1 McInturff, the broker, (“Plaintiffs”) of Realty World-Barnes Real Estate. Defendant signed a contract agreeing to pay a 10% commission to the broker. Plaintiffs located a party who leased Defendant’s property. Defendant made some commission payments to Plaintiffs, but then stopped making payments claiming, in part, that the time period for making commission payments under the contract was unclear. Ms. McInturff, as the broker, attempted to assign her rights under the contract to Ms. Jenkins and Ms. Jenkins sued Defendant for the commissions. Defendant objected that Ms. Jenkins did not have standing because she was not the broker. The Trial Court allowed joinder of Ms. McInturff, and the case proceeded to trial. After trial, the Trial Court entered an order holding, inter alia, that Defendant owed Plaintiffs commissions over the life of the lease and also that Plaintiffs were entitled to a judgment against Defendant in the amount of $37,688.35,  which included the award made on Plaintiffs’ claim for commissions owed to the date of the judgment, an award of attorney’s fees, and an award of discretionary costs. Defendant appeals. We affirm.