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PROWELL v. PARKS

767 S.W.2d 633 (1989)

Milton PROWELL, Plaintiff-Appellee, v. Ann Lacey PARKS and Columbia Action Properties, Defendants-Appellants.

Supreme Court of Tennessee, at Nashville.

March 20, 1989.

Attorney(s) appearing for the Case

James T. DuBois, Dalton M. Mounger, DuBois and Mounger, P.C., Columbia, for defendants-appellants.

Stephen Crofford, Nashville, for plaintiff-appellee.

OPINION

COOPER, Justice.

This appeal presents the issue as to whether T.C.A. § 62-13-105 prohibits any action to recover a real estate commission, including an action based on promissory fraud, by a person not licensed as a real estate broker.

Milton Prowell filed this action to recover one-half of the real estate commission paid the defendants from the sale of the Riddley farm on the bases of contract, quantum meruit, and promissory fraud....

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