Cantrell-Waind & Associates, Inc. v. Guillaume Motorsports, Inc.,

968 S.W.2d 72 (1998)

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Nature of the Case

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Facts

Guillaume (D) represented by its president and sole stockholder, Todd Williams, agreed to lease real property to Kenneth and Kay Bower. The lease gave the Bower's an option to purchase and provided for the payment of a commission to Cantrell-Waind (P) as per the contract terms. P was to be paid a commission of $15,200 upon closing of the sale of the property under the Option Purchase Agreement. Bowers' attorney notified Williams in writing that Bowers wanted to exercise the option. Williams then approached Bowers and offered to credit to him 1/2 of P's commission of $15,200 if the closing were delayed until after August 1, 1996. Bower declined that offer. Williams claimed he was out of the country and could not close within the two-year period but did not leave the country and was in Bentonville July 22 through 25. Closing occurred on August 14, 1996, and the commission was not paid. P sued D for breach of contract D moved for summary judgment. D argued that by the terms of the contract with the drop-dead date that D was under no obligation with P to see that closing occurred before August 1st. P argued that D had an obligation to act in good faith and that by preventing the closing before August 1st, he had not acted in good faith. The trial court granted the summary motion in that D had no obligation to P to arrange a closing date within the commission period.