Claiborne v. Wilson

572 So. 2d 1197, 1990 La. App. LEXIS 3134, 1990 WL 212206
CourtLouisiana Court of Appeal
DecidedDecember 27, 1990
DocketNo. 90-CA-0661
StatusPublished

This text of 572 So. 2d 1197 (Claiborne v. Wilson) 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
Claiborne v. Wilson, 572 So. 2d 1197, 1990 La. App. LEXIS 3134, 1990 WL 212206 (La. Ct. App. 1990).

Opinion

CIACCIO, Judge.

This case arises out of a contract of sale of certain property located at 1225 Desire Street in New Orleans.

[1198]*1198On January 29, 1986, Mrs. Dolores N. Wilson agreed to purchase this piece of property from Mr. and Mrs. Walter Claiborne for the sum of $42,000.00. Pursuant to this agreement, Mrs. Wilson issued a cashier’s check dated March 20, 1986 in the amount of $10,000.00 for a deposit on this property. The check was made payable to H.M. Antoine, the broker on the Desire Street property who was representing both Mrs. Wilson and the Claibornes in this sale. Mrs. Wilson applied for and obtained financing for the remainder of the purchase price from Globe Homestead.

By the terms of the original purchase agreement, the act of sale was to be passed on or before April 29, 1986, with a provision that if curative work in connection with the title was required, the sale could be extended for thirty additional days or until May 29, 1986. However, in preparing to execute this sale, it was discovered that a portion of this property was actually owned by Mrs. Claiborne’s mother, Ruth Veal. For this reason, the sale did not take place by May 29, 1986, although the Clai-bornes instituted proceedings to open the succession of Mrs. Veal to transfer title of the property to Mrs. Claiborne and another heir.

On June 30, 1986 the parties executed a written agreement which amended the original purchase agreement to extend the passage of the act of sale until August 22, 1986. On the following day, July 1, 1986, Mrs. Wilson signed the following document:

I, Dolores N. Wilson, agree to extend the agreement to purchase the property located at 1225 Desire Street, New Orleans, Louisiana, in order that sellers, Mr. & Mrs. Walter Claiborne be allowed enough time to complete whatever matters need to be completed with respect to the Succession of Mrs. Veal, et al.

Subsequently, Mrs. Wilson decided that she no longer wanted to purchase this property and made demand for the return of the $10,000.00 deposit. The Claibornes then filed this concursus proceeding seeking a declaration that Mrs. Wilson had forfeited her deposit based on her failure to purchase the property. H.M. Antoine joined in this suit alleging that Mrs. Wilson was obligated to pay his real estate commission based on her breach of the contract.

Mrs. Wilson filed a general denial to the petition for concursus and additionally filed a reconventional demand against H.M. Antoine for indemnity and the return of monies allegedly withheld from her by Mr. Antoine and for damages in connection therewith. Mrs. Wilson later amended these pleadings to allege that the original purchase agreement was null and void and therefore not binding on her, and to add the Claibornes as parties to the reconven-tional demand. She alleges that she is entitled not only to the return of the deposit, but also to an equal amount in damages from the Claibornes for their failure to complete the act of sale, in addition to attorney’s fees and costs.

The trial court rendered judgment in favor of Mrs. Wilson in the concursus proceeding dismissing plaintiffs’ claims against her. The court also found in favor of Mrs. Wilson on the reconventional demand, ordering H.M. Antoine to return the $10,000.00 deposit to Mrs. Wilson with interest. The court determined that the amendments to the purchase agreement were not signed voluntarily by Mrs. Wilson, and therefore they did not revive her obligation under the purchase agreement. The judgment was silent as to H.M. Antoine’s claim for his real estate commission, and to Mrs. Wilson’s claims for damages, attorney’s fees and costs.

The Claibornes and Mr. Antoine appeal, arguing that the trial court erred in finding that the extension of the purchase agreement dated July 1, 1986 was not a valid one. Mrs. Wilson timely answered the appeal, arguing that the trial court erred in failing to award her damages under the contract for the seller’s failure to comply with the agreement. She also contends that she is entitled to an award of attorney’s fees and the $502.00 in costs she paid to Globe Homestead for loan approval.

In its written reasons for judgment, the trial court determined that the purchase [1199]*1199agreement became a relative nullity once the time period for completing the act of sale elapsed without the event having taken place. The court, citing La.C.C. article 1842, further stated that the relative nullity of an obligation may be cured if there is an express act of confirmation which evidences the intention to cure the relative nullity. The court then concluded from the testimony and documents in evidence that the amendment to the purchase agreement dated June 30, 1986 and the statement dated July 1, 1986 were not signed by Mrs. Wilson “freely and voluntarily and based upon knowledge of the effect of what she was signing.”

It is well settled that a court of appeal may not set aside a finding of fact by a trial court or a jury in the absence of “manifest error” or unless it is “clearly wrong,” and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989); Arceneaux v. Domingue, 365 So.2d 1330, 1333 (La.1978); Canter v. Koehring Co., 283 So.2d 716, 724 (La.1973). Further, when findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard demands great deference to the trier of facts findings; for only the fact finder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding and belief in what is said. Rosell, supra at 844; Canter, supra at 724.

After reviewing the record in its entirety, we affirm the judgment of the trial court which dismisses plaintiffs’ petition for con-cursus and rules in favor of defendant in the reconventional demand. This opinion, however, should not be construed as an approval of the trial court’s conclusions of law that the original purchase agreement became a relative nullity which could have been revived by an express act of confirmation. Rather we hold that the trial court was not clearly wrong in finding that Mrs. Wilson did not voluntarily renew the terms of the original purchase agreement to allow the sellers additional time to correct their title once the time period specified in the original agreement had expired.

At trial, Mrs. Wilson testified that Mr. Antoine, the real estate broker, knew she no longer wanted the property, yet did not tell her the purchase agreement had expired on May 29, 1986. Rather, she testified he told her he would sue her if she did not buy the property from the Claibornes. She refused to sign an extension of the purchase agreement at that time.

She further stated that on June 30, 1986 she signed an “Amendment to Purchase Agreement” giving the sellers more time to complete the act of sale. This document was brought to her home by Mrs. Claiborne, and Mrs. Wilson testified she believed she would be sued if she did not sign the document.

Mrs. Wilson further testified that on or about July 1, 1986, she received a certified letter from counsel for the Claibornes, Mr. Gerdes. This letter which was dated June 30, 1986 provided:

Dear Ms. Wilson:

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572 So. 2d 1197, 1990 La. App. LEXIS 3134, 1990 WL 212206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claiborne-v-wilson-lactapp-1990.