Bradford v. Eaves

466 So. 2d 1329, 1985 La. App. LEXIS 8422
CourtLouisiana Court of Appeal
DecidedMarch 6, 1985
DocketNo. 84-208
StatusPublished
Cited by1 cases

This text of 466 So. 2d 1329 (Bradford v. Eaves) 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
Bradford v. Eaves, 466 So. 2d 1329, 1985 La. App. LEXIS 8422 (La. Ct. App. 1985).

Opinions

STOKER, Judge.

The primary and underlying determination made by the trial court in this litigation (and to be considered on appeal) is the ownership of two items of movable property, a crawler loader and a truck-tractor. Plaintiff, Gordon Bradford, was the owner of these movables prior to the time that negotiations for sale took place between the parties. The judgment appealed from declares that plaintiff is the owner of both movables and that no sale of them by Bradford to defendant, Michael Eaves, ever took place. Issues other than ownership have been involved at various points in the history of this litigation, but as we see it, ownership is the question before us on appeal. We affirm.

FACTS

Unfortunately, this matter cannot be resolved without a fairly extensive recitation of facts. The trial court did not render formal reasons for judgment, but it has indicated its holding and reasons therefor in oral reasons given from the bench at the end of the trial, in the formal judgment, in an order denying defendant a new trial and in an amended formal judgment.

The plaintiff Bradford was the owner of a 1981 Model 165, International Harvester, Crawler Loader, Serial # B4200 2B000 893, and a 1961 Ford F700 Truck/Tractor, Serial # T70NU160356. These two movables present separate histories and will be described separately.

With reference to the crawler loader, the negotiations took place between the plaintiff and the defendant sometime in February, 1983. Plaintiff alleges that he offered to sell the crawler loader to the defendant for the price of $34,000, that Michael Eaves was to pay $14,000 cash at the time of sale and the remaining balance was to be paid in ninety days. Plaintiffs initial petition made this allegation and the further allegation that the sale was never consummated and that Michael Eaves has never paid any sums to plaintiff. Through his initial petition plaintiff sought a writ of sequestration which was granted. We need not recite the subsequent history concerning a bond for release of the equipment and the events which followed thereafter. The crawler loader was in fact seized under the sequestration along with the truck-tractor.

The defendant filed an answer to the petition and a reconventional demand in which he asserts that the price for the crawler loader was $20,000 and that plaintiff was fully paid this amount, and therefore plaintiff was not entitled to a sequestration. In the prayer to the answer and reconventional demand the defendant asked that he be declared the owner of the crawler loader and that the court order the release thereof to defendant.

With reference to the facts which were shown on trial concerning the crawler loader, the only witnesses were the plaintiff and defendant and Mr. Robert A. Leavines, a loan officer with the Rapides Bank & Trust Company in Alexandria, Louisiana. According to the testimony of the plaintiff Bradford and Mr. Leavines, the plaintiff contacted Mr. Leavines on behalf of defendant concerning a loan to the defendant Eaves for $20,000. Bradford indicated to Mr. Leavines that he would be willing to purchase a money market certificate or certificate of deposit in the amount of $15,000 which he would pledge to secure the loan. The next day or shortly thereafter, plaintiff and defendant did see Mr. Leavines and a loan of $20,000 was made. The note in question was signed by both plaintiff and defendant as co-makers. The back of the note bears the notation that the note is secured by a chattel mortgage granted by Michael Eaves. It further indicates that the note is secured by the pledge of a certain money market certificate described [1331]*1331in the amount of $15,000 in the name of Gordon Bradford or Kathy Tyler.

Mr. Leavines testified that as the transaction was explained to him by the plaintiff prior to the meeting at the bank, the sale price was to be $34,000 of which the defendant was to pay $14,000 in cash which he had, but that $20,000 would be necessary for the balance of the purchase price. Mr. Leavines further explained that the bank would not have loaned the full amount of the purchase price. Furthermore, it is quite evident that the bank was not willing to make the loan at all without the chattel mortgage and the pledge of the $15,000 money market certificate. Mr. Leavines testified, or at least inferred, that the essence of the terms of the sale were repeated at the bank in the presence of the defendant. The essence being that the full sale price was $34,000, that the defendant had or would have $14,000 to pay to the plaintiff, and that the $20,000 in loan proceeds would be paid over to the plaintiff. The excess over the $15,000 put into the money market certificate, $5,000, was deposited to an account in the name of plaintiff. Mr. Leavines also required that the crawler loader be insured in the full amount of $34,000. After the bank transaction, both plaintiff and defendant went to an insurance company, Alexandria Underwriters, where a policy in the amount of $34,000 was obtained. Initially, Michael Eaves was listed as the owner on the policy. Later it was amended to show both Gordon Bradford and Michael Eaves as named insureds.

There is no dispute between the parties as to the fact that the defendant never did pay $14,000 over and above the $20,000 which came from the bank transaction. Defendant maintains stoutly that the price itself was $20,000, and that as a result of the bank transaction plaintiff was fully paid for the crawler loader. The position taken by the defendant is that if the plaintiff thought he was owed $14,000 over and above the $20,000 because the price was $34,000, his remedy was not to have the property seized, but to sue for the balance of the purchase price.

When the $20,000 note became due, Eaves failed to pay the note. The plaintiff was called upon and did pay the note. He paid it through means of obtaining an additional loan secured by a note from the Rapides Bank which hé was required to secure by pledging the $15,000 money market certificate. At that point the Rapides Bank & Trust Company endorsed over to plaintiff the original $20,000 note signed by plaintiff and defendant as co-makers so that plaintiff became the owner of the note.

The net result of these events is that plaintiff in reality has never derived anything from the defendant or the loan transaction. The $20,000 which was loaned by the bank on the original note was made solely on the strength of plaintiffs signature plus the security given in the form of the chattel mortgage and the pledge of the money market certificate. Admittedly, the defendant has never paid the $14,000 in question.

After the bank transaction, the crawler loader remained in the possession of the plaintiff and no delivery was made to the defendant. However, it appears that the defendant came and got the crawler loader himself. It was in defendant’s possession when the seizure provoked by the plaintiffs petition was filed.

At this point, we shift in this narrative to the facts concerning the alleged sale of the Ford truck-tractor. The facts relative to this item are considerably simpler. It appears that sometime after the crawler loader transaction, plaintiff and defendant entered into an agreement under which the defendant agreed to purchase and plaintiff agreed to sell the truck for $1,000. The defendant took possession of the truck without making any payment at that time. Defendant testified that the agreement relative to when payment was to be made was that he should pay for it “whenever I could — whenever I was able to pay him.” Title was never transferred to defendant.

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Related

Bradford v. Eaves
472 So. 2d 32 (Supreme Court of Louisiana, 1985)

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Bluebook (online)
466 So. 2d 1329, 1985 La. App. LEXIS 8422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-v-eaves-lactapp-1985.