Campbell v. Century Oilfield Services, Inc.

606 So. 2d 65, 1992 La. App. LEXIS 2825, 1992 WL 275427
CourtLouisiana Court of Appeal
DecidedOctober 6, 1992
DocketNo. 91-634
StatusPublished

This text of 606 So. 2d 65 (Campbell v. Century Oilfield Services, Inc.) 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
Campbell v. Century Oilfield Services, Inc., 606 So. 2d 65, 1992 La. App. LEXIS 2825, 1992 WL 275427 (La. Ct. App. 1992).

Opinion

YELVERTON, Judge.

Jeffery Leonard Campbell confirmed a judgment of default for $97,770.15 against Century Oilfield Services, Inc., and $2,229.85 against Century Pipe Services, Inc., a total of $100,000. Campbell claimed this sum was due him for services rendered during the two and one-half months he worked under a written contract of employment between him and Century Oilfield Services, Inc. The defendants appealed, urging that the evidence on confirmation of default was insufficient to make out a pri-ma facie case against them for the amounts claimed. The defendants ask that we set aside the default judgment against them and remand the case to the trial court' for further proceedings.

For reasons which follow, we set aside the judgment and remand.

FACTS

Campbell and Century Oilfield Services, Inc., entered into a written contract dated April 16, 1990, hiring Campbell to provide certain consulting services to Century and its affiliated companies. The contract contained four agreements: (1) Campbell would provide consulting services in the area of contract labor commencing immediately; (2) the compensation was at the rate of $3,000 per month minimum for the first 60 days or 35% of the jobs generated by Campbell’s activities less cost of said jobs, whichever was greater; (3) additionally, Campbell was entitled to reimbursement for normal business travel and entertainment expenses; and (4) should the contract be terminated for any reason, Campbell or his heirs would be entitled to compensation at 35% of the jobs generated less cost of said jobs for as long as the jobs remained active and in effect.

Campbell filed suit on October 12, 1990, which was about six months after inception of the contract. He sued Century Oilfield Services, Inc., and Century Pipe Services, [66]*66Inc., for services performed pursuant to the contract. In addition, he alleged that he incurred expenses of $2,151. He prayed for judgment in the amount of $100,000.

The petition alleged that Campbell had obtained jobs for both Century Oilfield Services, Inc., and its affiliated company, Century Pipe Services, Inc. The petition alleged that the contract labor jobs generated by Campbell’s efforts were with five customers: Tuboscope, Inc., Cliffs Drilling Co., TransWorld Drilling Co., Chevron USA, Inc., and Conoco, Inc.

Five requests for admissions were served with the petition on Century Oilfield Services, Inc. The requests sought admissions to establish that there was a contract; that the agent who signed on behalf of Century ■Oilfield Services, Inc., had authority to do so; that Century Pipe Services, Inc., was an affiliated company of Century Oilfield Services, Inc.; and that both defendants received consulting services in the area of contract labor from Campbell.

Proper service of these pleadings was made on both defendants. Neither answered. In due course a preliminary default was taken against each defendant. On February 20, 1991, the preliminary default was confirmed and a judgment was read, rendered, and signed in open court that same day awarding Campbell $97,-770.15 against Century Oilfield Services, Inc., and $2,229.85 against Century Pipe Services, Inc., both amounts bearing judicial interest from date of judgment, and costs.

THE EVIDENCE

The evidence was in two forms, testimonial and documentary. Campbell’s testimony was brief. He identified the contract. He testified that he was compensated at the rate of $3,000 per month for the first 60 days. He then identified a list of expense items totalling $2,151.01 and the exhibits supporting these items, which were placed in evidence. One of these items was an intriguing but unexplained memorandum for $450 representing “salary due through 6-29-90”. Another expense item was for a car allowance at $300 per month for two months and three weeks, totalling $825. Except for a few dollars, all of these itemized expenses were incurred by the end of June 1990.

After reciting that he had been compensated at the rate of $3,000 per month for the first 60 days and that he had incurred expenses of $2,151.01, Campbell started to put on his documentary evidence to support his demand for his consulting services. The trial judge at this point asked Campbell from “when until when” did he provide these services. His answer was from April 16 until roughly the end of June 1990. Counsel for plaintiff then addressed the court explaining that the contract provided, in counsel’s words, that the “payments regardless of whether he was discharged from the company, which he was, would continue on past the date of his discharge.” From all of this we gather that Campbell worked under the contract from April 16 until he was discharged around the end of June.

Campbell proceeded then to identify the exhibits which he offered to prove his services. It was here that the name of Service Contractors of Lafayette, Inc., made its first appearance in the case. Campbell testified that Service Contractors was an affiliated company of Century Oilfield Services, Inc., and that it was acquired by Century Oilfield Services on May 29, 1990. Campbell testified that he generated jobs for Century Oilfield Services, Inc., Century Tool Services, Inc., and Service Contractors of Lafayette, Inc. Campbell then identified his documentary evidence.

The documentary evidence consisted of 1115 pages of records produced by Tubo-scope, Cliff’s Drilling, TransWorld Drilling, Chevron, and Conoco, in response to sub-poenae duces tecum issued before trial. Each of the five subpoenae read the same, requiring:

ALL RECORDS, DOCUMENTS, ACCOUNTS RECEIVABLE AND JOB TICKETS APPLICABLE TO CENTURY OILFIELD SERVICES, INC. OR CENTURY PIPE SERVICES, INC. REFLECTING DOLLAR AMOUNTS PAID TO OR BILLED BY SAID COMPANIES [67]*67TO YOUR COMPANY FROM APRIL 16, 1990 THROUGH FEBRUARY 8, 1991.

The subpoenaed documents were introduced in evidence to corroborate Campbell’s brief testimony. These documents made up the bulk of the plaintiff’s proof. Although the subpoenae limited the records from April 16, 1990, through February 8, 1991 (the first scheduled date for confirmation of default), the response from Chevron was not so limited; Chevron produced hundreds of documents going back to 1989, months before the inception date of Campbell’s contract with Century. Nevertheless, these documents joined the others in the bundle introduced in evidence by Campbell with the explanation that he produced the jobs after his contract began.

The subpoenae also asked only for documents applicable to Century Oilfield Services, Inc., or Century Pipe Services, Inc. Chevron’s response included hundreds of documents applicable to Service Contractors of Lafayette, Inc. These were also introduced in evidence by Campbell as jobs produced under his contract.

The following is a breakdown of the jobs as reflected by the returns under the sub-poenae:

Tuboscope

Proof of these jobs was offered by copies of seven checks issued by Tuboscope in the last half of 1990, totalling $2,428, made payable to MetroFactors, Inc., (an accounts receivable assignee) and Century Oilfield Services, Inc.

Cliffs Drilling Co.

There were two invoices totalling $1,814.55, dated July 1990.

TransWorld Drilling Co.

This offering consisted of 14 invoices and job tickets totalling $12,742.

Conoco

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606 So. 2d 65, 1992 La. App. LEXIS 2825, 1992 WL 275427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-century-oilfield-services-inc-lactapp-1992.