Aumann Auctions Inc v. Fletcher

C.D. Illinois

Aumann Auctions Inc v. Fletcher

District Court, C.D. Illinois·Decided February 12, 2021·No. 3:17-cv-03156·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION

AUMANN AUCTIONS, INC., ) ) Plaintiff, ) ) v. ) Case No. 17-cv-3156 ) CONRAD FLETCHER, ) ) Defendant. )

OPINION TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE: This matter comes before the Court on Defendant Conrad Fletcher’s Motion for Summary Judgment (d/e 53) (Motion). For the reasons set forth below, the Motion is ALLOWED in part and DENIED in part. The Court finds pursuant to Federal Rule of Civil Procedure 56(g) that the evidence submitted establishes that the parties did not enter into a contract at the March 30, 2017 meeting discussed in detail below. The Motion is otherwise DENIED. STATEMENT OF FACTS In October 2016, Fletcher lived in Golden, Colorado with his girlfriend Eva Morrison. Fletcher was over 80 years old at the time. Fletcher and Morrison lived in a single-family house with two large outbuildings on the property, a two-story barn and a D-shaped building (Outbuildings) (collectively the Residence). Fletcher was retired and owned a large collection of antique cars, tractors, and other memorabilia (Collection). He

stored much of the Collection in the Outbuildings. Fletcher testified that he did not own all the items in the Collection. Morrison owned some of the memorabilia and a limited liability company called F&M Ventures, LLC

(F&M), owned some. Fletcher and Morrison owned all of the membership interests in F&M. See Motion, Exhibit 1, Deposition of Conrad Fletcher (Fletcher Deposition), at 8,10-12,38 In October 2016, Fletcher and Morrison decided to move to Arizona.

Fletcher had difficulty breathing in the cold weather in Colorado due to health problems. Sometime between October 2016 and January 2017, Fletcher contacted a man named Bob Sullivan to help sell some of his

personal property before he moved. Sullivan came to the Residence to photograph some of the automobiles and memorabilia in the Collection in order to advertise the items for sale. Sullivan testified that Fletcher wanted Sullivan to sell all of the Collection. Fletcher said he only wanted Sullivan

to sell some of the antique automobiles. Fletcher set the selling prices for the automobiles for Sullivan. Fletcher did not give Sullivan authority to sign agreements to finalize any sale. Sullivan advertised several of the

automobiles for sale. Sullivan’s efforts resulted in the sale of a Hudson Coupe, a 1912 Buick, and possibly a 1914 Renault automobile. The Hudson automobile was owned by Morrison. See Fletcher Deposition, at

14-17, 20-22, 36; Motion, Exhibit 3, Deposition of Bob Sullivan (Sullivan Deposition), at 7, 14-15, 16, 65. On January 12, 2017, Morrison died. Her estate transferred her

interest in F&M to Fletcher in exchange for title to a 1994 Buick Le Sabre automobile. Fletcher Deposition, at 14; Plaintiff’s Response to Defendant’s Motion for Summary Judgment (d/e 62) (Response), Exhibit C, Defendant Discovery Production, Document 10, Assignment of Membership Interest

and Statement of Dissociation dated October 3, 2017. In addition, the proceeds from the sale of the Hudson automobile went to her children. See Fletcher Deposition, at 14-17, 20-22, 36.

In January 2017, Fletcher talked to Sullivan about auctioning much of Fletcher’s personal property, including many items in the Collection. Sullivan agreed to assist Fletcher in contacting auctioneers. Sullivan recommended Kurt Aumann to Fletcher. Aumann owned Plaintiff Aumann

Auctions, Inc. (the Company), located in Nokomis, Illinois. The Company was a family business and Aumann had worked in the business 58 years. He had run the Company for 15 years and had experience conducting over

100 antique automobile auctions. See Fletcher Deposition, at 23, 28; Sullivan Deposition, at 30-31; Motion, Exhibit 4, Deposition of Kurt Aumann (Aumann Deposition), at 4-5, 12-22.

In January 2017, Sullivan contacted Aumann and a second auction company. Sullivan arranged for Aumann and also a representative from the other auction company to visit the Residence. See Fletcher Deposition,

at 23, 28; Sullivan Deposition, at 30-31; Motion, Exhibit 4, Deposition of Kurt Aumann (Aumann Deposition), at 12-22. On March 30, 2017, Aumann came to the Residence. Sullivan and Fletcher’s son-in-law Al Haner were also present. Fletcher testified that he

told Aumann he wanted to sell all his personal property, including household items. Fletcher testified that Aumann was not interested in selling Fletcher’s household items. See Fletcher Deposition, at 20, 26-27,

29-30, 31; Aumann Deposition, at 26-29, 159-60; see also, Sullivan Deposition, at 19-20, 36-38. Aumann was interested in looking at the Collection for a possible auction. Some of the automobiles in the Collection were in Arizona

already. Fletcher testified that he told Aumann that he was not interested in selling any of the automobiles that were in Arizona. Aumann disputed this. See Fletcher Deposition, at 59-61; Aumann Deposition, at 45-47; see

also Sullivan Deposition, at 13. Aumann, Sullivan, and Haner went to the Outbuildings to view the Collection. Fletcher did not accompany Aumann on this viewing because

of health problems. Aumann testified that he conducted a walkthrough of the Outbuildings, taking pictures of certain items, and taking notes. The notes identified approximately 70 items and included brief comments and

descriptions of some of the items (List). During the walkthrough, Sullivan may have told Aumann that some automobiles were already sold. Aumann was not sure whether Sullivan or Fletcher told him that some of the automobiles were sold. Aumann did not inspect any item to determine

whether it was operational. Aumann expected that a crew from the Company would return to Fletcher’s residence at a later date to catalogue all of the items to be sold at auction. See Sullivan Deposition, at 38-40;

Aumann Deposition, at 28-71, 131-32; Plaintiff’s Rule 26(a) Initial Disclosures (d/e 19) (Plaintiff’s Initial Disclosures), Exhibit E, List.1 Aumann testified that after the walkthrough, he sat down with Fletcher for two hours discussing the items on the List. Aumann said that

Fletcher identified certain items that had already been sold or were not for sale. Aumann Deposition, at 72-78, 162-65. Fletcher and Sullivan both

1 Plaintiff’s Initial Disclosures were stricken because Local Rule 26.3(A) directs the parties not to file initial disclosures. Text Order entered November 2, 2018. The Court refers to certain documents in the stricken Plaintiff’s Initial Disclosures, including the List, because the referenced documents do not appear anywhere else in the parties’ filings in this case. testified that they have no recollection of any such discussion and did not think that such a discussion occurred. Fletcher testified, “I don’t think they

spent much time there at the kitchen table after that, I think they got in the car and left for the airport, I think.” Fletcher recognized some marks on the List were his handwriting. Fletcher, however, testified that he did not see

the List at the March 30, 2017 meeting, but sometime later. Fletcher Deposition, at 33-34, 40-44. Sullivan testified that he did not recall any conversation after Aumann viewed the Collection on March 30, 2017. Sullivan said he never saw the List. Sullivan Deposition, at 40-41.

Aumann testified that at the end of the meeting Fletcher and Sullivan said, “they wanted to think about it, and that they would be in touch with me.” Aumann Deposition, at 74; see Sullivan Deposition, at 42. Aumann

also knew that Sullivan and Fletcher were talking to at least one other auctioneer. Aumann Deposition, at 166.

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