Kenny Rogers v. Thomas Threatt, James W. Threatt, Jr. and George E. Butler, II
Case No. X-99-CV-1185
Mr. Brown represented the Defendant Butler in this breach of contract case filed by the Plaintiff seller (Kenny Rogers) who sold the Defendant buyers (Thomas and James Threatt) real and personal property at an auction. Butler was the attorney representing the buyers. The buyers agreed to submit 10% earnest money which would be given to the seller if they failed to consummate the contract. The buyers canceled the escrow check arguing that the seller failed to convey personal property included in the auction. The Plaintiff Rogers sued the Defendant Butler for breach of fiduciary duty by failing to convey the escrow money to him. The trial court granted summary judgment in favor of Defendant Butler, Rogers appealed that decision, and the Georgia Court of Appeals affirmed the trial court's decision.