Shuman vs. Parkhurst

James Parkhurst d/b/a Parkhurst Home Improvement appeals the trial court's final judgment awarding Ken Shuman $8,021.14 in actual damages for breach of oral construction contract and $2,406.33 in attorney's fees based upon a finding of fraud in violation of the Tennessee Consumer Protection Act. Parkhurst raised two issues on appeal, contending that the damages awarded in this home construction dispute were not legally warranted and that the trial court erred in finding fraud, therefore justifying an award for attorney's fees under the Act. We conclude that Shuman presented sufficient proof to find a violation of the Act and to support his claim for damages and for attorney's fees. Accordingly, we affirm the trial court's judgment.