Grady v. Walls

755 So. 2d 533, 1999 Miss. App. LEXIS 702, 1999 WL 1103546
CourtCourt of Appeals of Mississippi
DecidedDecember 7, 1999
DocketNo. 1998-CA-01004-COA
StatusPublished
Cited by2 cases

This text of 755 So. 2d 533 (Grady v. Walls) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grady v. Walls, 755 So. 2d 533, 1999 Miss. App. LEXIS 702, 1999 WL 1103546 (Mich. Ct. App. 1999).

Opinion

LEE, J.,

for the Court:

¶ 1. Raymon J. Grady and James M. Grady had an interest as owners in a particular piece of property located in Monroe County which is the subject of this appeal. Prior to Raymon Grady and James Grady acquiring ownership of the property, Harley Walls had entered, into two leases with the previous owner with an option to purchase on the subject property. Subsequently, the Gradys denied Walls his option to purchase. It is from this denial that Walls filed an action requesting the property be conveyed to him pursuant to the terms of the lease, or in the alternative, he be awarded damages based on his expenses for improvements and repairs and the proceeds received from timber that had been cut from the land. The chancellor held that Walls was entitled to the total sum of $16,500 in damages for the expenses he incurred for improvements and repairs to the property. It is from this judgment that the appellants, Raymon J. Grady and his son, James M. Grady, appeal. The Gradys present the following issues on appeal (1) whether the damage award was excessive and contrary to the overwhelming weight of the evidence and should be submitted for remittitur, (2) whether the trial court abused its discretion by awarding damages based on the proof shown at trial, and (3) whether this matter should be remanded on the issue of damages only pursuant to Miss.Code Ann. § 11-1-55 (Rev.1991). Finding these issues to be without merit we affirm the holding of the chancellor.

FACTS

¶ 2. Since 1956 Harley Walls’s parents had lived in a house located on the property owned by Ms. Grady. Up until 1972 there was no lease; instead Walls’s father paid the rent on a yearly basis. The house was in disrepair, and Walls was going to move his parents in a house trailer near his brother. Ms. Grady executed a power of attorney for Ms. Blue; therefore, Ms. Blue handled Ms. Grady’s business dealings regarding the property in question.

¶ 3. Walls contacted Ms. Blue expressing his concerns about the condition of the house and his desire to relocate his parents. Ms. .Blue urged Walls to continue to allow his parents to rent the house owned by Ms. Grady. Walls stated that repairs were needed and that he did not wish to make these repairs if he did not have an interest in the property. Walls asked Ms. Blue to sell the property to him. Ms. Blue replied that if she sold the property the government would take all of the money. As a result, Walls entered into a five-year lease and option to purchase with Ms. Blue on behalf of Ms. Grady. Walls did not purchase the land at the conclusion of the first lease.

¶ 4. Since Ms. Grady was still alive and the government would still have a claim to any money received from the lease, a second five-year lease and option to purchase was signed. Both leases required Walls to make reasonable improvements and repairs to the property during the term of his lease. They further required Walls to maintain records of his expenditures relative to the improvements and repairs. However, testimony at trial disclosed that although Walls had kept records of expenditures relative to improvements and repairs, they were destroyed in a fire. The lease further stated, “If the party of the second part, Harley Walls, elects to exercise his option to purchase this real property pursuant to paragraph eight herein by the party of the first part — herein but the party of the first part refuses or is unable to convey a marketable title to said land to the said Harley Walls, then and only in that event the party of the second [535]*535part shall be reimbursed for the expenditures he has incurred in improving the property.” Walls did make improvements to the property.

¶ 5. Testimony revealed that Walls had repaired and improved the house. Based on the testimony presented by Walls and others, the court made a finding of fact that Walls had made the following repairs and improvements: repairing and remodeling by a competent contractor [i.e., window casings, paneling, siding, flooring, plug-ins, joists, and repairs to the porch and fireplace], building at least a quarter mile of fence and continuing to maintain the fence around the property for the time Walls was in possession of the property, bushhogging the property more than once per year for eight years, cutting the undergrowth out from under the timber, building a road into the property and buying an iron gate, spending his own time, tractor and equipment in maintaining the property, and building a shed for tools and equipment. Walls quoted a value of $9,335 for the aforementioned repairs and improvements, but added that this was a conservative estimate because some repairs and improvements had accidently been omitted from the list. Walls did have a few checks for which he stated said sums were paid to individuals for their labor on the property, but not all of the checks revealed on then-face that payment had been made for such services. Walls continued to maintain the property; however, prior to the second lease and option expiring, Walls observed a notice for the conveyance of the property in a local paper.

¶ 6. In 1982, during the lifetime of Ms. Grady, Ms. Blue had conveyed the property to Raymon Grady and denied Walls his option to purchase. Walls contacted Ms. Blue and Mr. Raymon Grady in an attempt to exercise his option, but they refused to sell the subject property. Testimony at trial revealed that both prior to and after acquiring the subject property, Raymon J. Grady and James M. Grady had made infrequent visits to the property.

¶ 7. Though visits to the property were infrequent after he acquired the property, Raymon J. Grady removed and sold timber therefrom with an estimated value of $40,-000 to $50,000. Originally, Raymon Grady testified that he had received $10,763 as compensation for the timber; however, he subsequently testified that it was $15,000. Subsequently to the civil action which is the subject of this appeal being filed, Ray-mon Grady conveyed the property to his son, James M. Grady.

DISCUSSION

I. WHETHER THE DAMAGE AWARD WAS EXCESSIVE AND CONTRARY TO THE OVERWHELMING WEIGHT OF THE EVIDENCE AND SHOULD BE SUBMITTED FOR REMITTITUR.

II. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION . BY AWARDING DAMAGES BASED ON THE PROOF SHOWN AT TRIAL.

¶ 8. The Gradys argue that the chancellor abused his discretion when he awarded the sum of $16,500 based on conjecture and speculation instead of tangible records as required by the leases and that Walls should not have been awarded more than the sum of $9,335, an amount he could reasonably prove.

¶ 9. The total sum of damages is a finding of fact. When a chancellor makes an ultimate finding of fact, our scope of review as an appellate court requires that we reverse only in a case of manifest error. R & S Development, Inc. v. Wilson, 534 So.2d 1008, 1012 (Miss.1988); see also Catholic Diocese of Natchez-Jackson v. Jaquith, 224 So.2d 216, 225 (Miss.1969); Illinois Cent. R. Co. v. Ragan, 252 Miss. 335, 340-341, 173 So.2d 433, 434 (Miss.1965). Applying this standard of review, this Court must now examine the arguments presented by the Gradys and whether the actions of the chancellor equal an abuse of discretion and manifest error in light of the facts and applicable law.

[536]*536¶ 10. The Gradys continue their argument and assert the judgment of $16,500 plus eight percent interest is excessive and should be submitted for remittitur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

New Bellum Homes, Inc. v. Giffin
784 So. 2d 139 (Mississippi Supreme Court, 2001)
New Bellum Homes, Inc. v. Keith Giffin
Mississippi Supreme Court, 1998

Cite This Page — Counsel Stack

Bluebook (online)
755 So. 2d 533, 1999 Miss. App. LEXIS 702, 1999 WL 1103546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grady-v-walls-missctapp-1999.