Biedenharn v. Culp

911 So. 2d 313, 2005 WL 2044896
CourtLouisiana Court of Appeal
DecidedAugust 26, 2005
Docket39,680-CA
StatusPublished
Cited by2 cases

This text of 911 So. 2d 313 (Biedenharn v. Culp) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Biedenharn v. Culp, 911 So. 2d 313, 2005 WL 2044896 (La. Ct. App. 2005).

Opinion

911 So.2d 313 (2005)

F. Murray BIEDENHARN, Plaintiff-Appellant
v.
Ricky Lee CULP d/b/a Ricky Culp's Auto, Defendant-Appellee.

No. 39,680-CA.

Court of Appeal of Louisiana, Second Circuit.

August 26, 2005.

*314 Frederic C. Amman, III, Monroe, for Appellant.

Richard L. Fewell, Jr., for Appellee.

Before BROWN, WILLIAMS, GASKINS, CARAWAY, and LOLLEY, JJ.

*315 BROWN, C.J.

Plaintiff, F. Murray Biedenharn, brought the instant action against defendant, Ricky Lee Culp d/b/a Ricky Culp's Auto, seeking the return of a 1951 Ford panel truck he had hired Culp to restore, as well as $20,000 for the loss of use and enjoyment of the vehicle. According to Biedenharn, the parties initially agreed to a price on a parts plus labor basis. After he initially paid $12,628.06, Biedenharn claims that Culp agreed to complete the restoration for $3,000. Culp, however, disputes that the parties altered their agreement, and filed an answer and reconventional demand, claiming that Biedenharn owed an additional $34,779.46 for the restoration work (which included 579.25 labor hours) before Culp would return the vehicle. Culp sought payment of the balance due, together with penalties and attorney fees.

The trial court employed quantum meruit to determine the balance owed to Culp, awarding him the amount he sought in his reconventional demand, $34,779.46. Biedenharn has appealed from this adverse judgment. We amend the trial court's judgment, and, as amended, affirm.

Facts

In February 1998, F. Murray Biedenharn took his 1951 Ford truck to Ricky Culp's Auto for repair work. While there, Biedenharn observed Culp restoring a 1955 GMC truck. Biedenharn then asked Culp to restore his vehicle. At trial, Culp testified that he told Biedenharn that he was not in the auto restoration business, that the GMC was his own truck, and that he could not tell Biedenharn how much such a project would cost. Biedenharn decided that he wanted to hire Culp to restore his Ford using original parts. He and Culp entered into an oral agreement which provided that payment for the restoration work would be on a parts plus labor basis. Labor was to be paid at a rate $40 per shop hour.

On April 10, 1998, Culp presented Biedenharn with two invoices totaling $12,628.06 for work that had been done on the truck. Specifically, the bills indicate that the following work had been performed:

the body had been removed from the frame; the frame had been completely stripped down; the shocks, brakes, brake lines and fuel lines had been replaced; all four springs had been removed and replaced; the body had been straightened; the engine and transmission had been pulled off and tore (sic) down. (Culp's) total labor hours for both invoices was 128.7 hours.

In addition, outside work including sandblasting of the body and frame and machine shop and welding work had been done. According to Culp, the engine and transmission were completely rebuilt. The truck had been disassembled and had not been put back together. Culp stated that the wheels were on the frame and the brake lines were attached, but neither the motor nor the transmission had been installed, nor had the vehicle's interior been restored or the exterior painted.

Biedenharn testified that he was shocked at the amount of the invoices. He paid them anyway, then told Culp that he no longer wanted to pay for the restoration work on a parts plus labor basis and needed to know how much money it would take to complete the restoration. According to Biedenharn, Culp's response was "the worst of this thing is over" and he only had to "put the pieces back together." Biedenharn testified that after Culp told him it would take $3,000 to finish the job, he agreed to allow Culp to complete the restoration. At no time did he ever authorize Culp to spend more than an additional $3,000 on the continued project. *316 Biedenharn stated that he asked Culp about the cost of completion on several occasions after the parties' "new" agreement. Culp told him that he didn't have all the invoices together, so he couldn't give him any figures.

In July 2001, more than a year after the restoration had been completed, Culp told Biedenharn he could get the truck and presented Biedenharn with a bill in the amount of $34,779.46. This invoice was for reassembling and painting the truck, but did not include the extra amounts spent by Biedenharn on a Coca Cola graphics package ($4,000) and upholstery ($2,500). Biedenharn refused to pay the $34,779.46 and Culp refused to give Biedenharn the truck. Biedenharn testified that he contacted Culp at a later date and asked him to accept $3,000 for the return of the truck; Culp again refused and this action ensued.

Ricky Culp corroborated Biedenharn's testimony that the parties had an oral agreement to restore the truck for $40 per shop hour labor rate plus the cost of parts. Culp added that his normal shop labor rate was $50 per hour. Culp was adamant that there was not an agreement to finish the restoration (reassembly and painting) of the truck for $3,000 and testified that he told Biedenharn that he did not know how much it would take to complete the job. Culp then generally explained the steps involved in restoring the truck, including a search for parts, and also testified that he fronted the costs for all parts after Biedenharn's first payment. Culp stated that $3,000 would not have covered the cost of labor to put the truck back together.[1] Had Biedenharn told him that he was not willing to pay more than $3,000 for the remaining work, "that vehicle would have left my shop that day."

The July 2001 bill for $34,779.46 included restoration work done from April 1998 until August 1998; then, after a break of about 14 months, work done from November 1999 to July 2000. Although work was completed in July 2000, Biedenharn was not notified that the truck was ready until a year later in July 2001 when he was given the bill. The invoice presented to Biedenharn showed charges for: (1) parts — $6,574.53 plus a 10% charge; (2) outside repairs — $1,416.94 plus a 10% charge; (3) labor — 579.25 hours at $40 per hour, for a total of $23,170; and (4) 9% tax in the amount of $2,818.85. The bill does not break down or specify the work performed in conjunction with the labor hours claimed. It simply showed the date, the employee who performed the work and the hours spent on each date.

On cross-examination, Culp testified that he included a markup for parts, outsourcing and labor in the first billing. With regard to the July 2001 bill, Culp testified on direct examination that he was unaware of the 10% markup; however, he stated that it was customary in the industry to charge a markup on parts. Biedenharn's counsel produced several copies of the two April 1998 bills, on which were highlighted amounts for different items. Attached to the bills were the corresponding invoices for the highlighted items showing amounts that were lower than the amounts billed. According to Biedenharn's counsel, after his calculation of the percentages, there was a markup of 3% to 115% on some of the items.

Both Biedenharn and Culp presented expert testimony with regard to the steps and costs involved in the restoration process, *317 as well as the quality of the work. Culp's expert, Bill Burns, was a retired co-owner of a business whose services included auto restoration. Burns had professionally restored vehicles for the past 18 years and had completed approximately 200 restorations.

Burns inspected and took photos of Biedenharn's truck after its restoration.

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Cite This Page — Counsel Stack

Bluebook (online)
911 So. 2d 313, 2005 WL 2044896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biedenharn-v-culp-lactapp-2005.