Griffin v. Pitre

278 So. 2d 809, 1973 La. App. LEXIS 6538
CourtLouisiana Court of Appeal
DecidedMay 29, 1973
DocketNo. 9364
StatusPublished
Cited by1 cases

This text of 278 So. 2d 809 (Griffin v. Pitre) 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
Griffin v. Pitre, 278 So. 2d 809, 1973 La. App. LEXIS 6538 (La. Ct. App. 1973).

Opinion

SARTAIN, Judge.

This is an appeal by Alvin Griffin from an adverse judgment in the district court which dismissed Griffin’s claims against Hayman Pitre and awarded judgment in favor of Hayman Pitre in the amount of $500.00 on his reconventional demand.

This controversy arose out of the alleged sale of a quarter horse by Hayman Pitre to appellant, Alvin Griffin, in October of 1969. The record reflects that Hayman Pitre purchased the quarter horse, called “Lady”, at an auction for $500.00 and for some time thereafter allowed the horse to roam free in a pasture behind the Pitre home. During September of 1969 Mr. Pitre was approached by a Mr. Wallace Smith who inquired into the prospect of purchasing the horse from Pitre. Smith went into the pasture and caught the horse but no sale was made because Pitre remembered having previously promised Alvin Griffin the first chance to purchase the horse. Smith testified that he left the country shortly after his discussions with Pitre about the horse and did not return until June of 1970. In October of 1969 Griffin allegedly purchased the horse for a price of $500.00. Payment was to be $300.00 down with the remainder to be paid in installments. Griffin took possession of the horse and “Lady” has remained in his possession since that time.

Alvin Griffin testified that on January 4, 1970, he went to Pitre’s home and offered him a check for $300.00 representing the down payment on the horse. Griffin stated that while there on January 4, 1970, he was introduced to a Dr. Donald Ayo by Mr. Pitre. According to (Griffin, Mr. Pitre refused to accept the down payment and a new agreement was entered into under the terms of which Griffin was to retain possession of the horse, feed and care for it, and train it for racing and Pitre was to pay him for these services. Griffin stated that he tried several times to collect for his services but Pitre .refused to pay him. Finally, on March 18, 1971, Griffin filed suit seeking payment for stall space, feed, medicine, and training of the horse.

[811]*811Hayman Pitre testified that “Lady” was sold to Alvin Griffin in October of 1969 and after that sale the horse belonged to Girffin. He denied that Griffin’s alleged tender of the down payment ever took place. Pitre’s wife testified concerning one attempt by her to get the $500.00 purchase price from Griffin. Pitre stated that he received a couple of bills from Griffin but refused to pay them because the horse was no longer his. Pitre filed an answer denying Griffin’s claims and a reconven-tional demand in this suit seeking recovery of $700.00 from Griffin, which amount was alleged to represent the sale price of the horse and a saddle.

The trial court rendered judgment dismissing Griffin’s claims and granting Pitre recovery of $500.00 as the sale price of the horse, from which judgment appellant-Griffin perfects this appeal.

The issues to be resolved are (1) whether or not there was a valid and binding-sale of the horse by Pitre to Griffin, and (2) whether there was a rescission of this sale and the formation of a new agreement between the parties.

While we are not favored with either written or oral reasons for judgment by the trial court, it is apparent that the trial judge determined that a valid and binding sale of the horse occurred. Our review of the testimony in the record convinces us of the correctness of this determination by the judge a quo.

As provided in C.C. Article 2439, the three requisites of a valid sale are the thing sold, the price and consent. C.C. Article 2456 further provides as follows :

“The sale is considered to be perfect between the parties, and the property is of right acquired to the purchaser with regard to the seller, as soon as there exists an agreement for the object and for the price thereof, although the object has not yet been delivered, nor the price paid.”

In accordance with these provisions it has been held that where there is an absolute agreement to purchase and sell for a fixed price and the property is delivered to the buyer, the sale is deemed complete. Roy O. Martin Lumber Co. v. Sinclair, 220 La. 226, 56 So.2d 240 (1951).

In the case at bar the testimony of both the seller, Mr. Pitre, and the buyer, Mr. Griffin, clearly indicates that a binding sale of the horse was perfected between them. Mr. Pitre testified concerning the sale as follows :

“Q. When you and Mr. Griffin were discussing the sale of the horse did you agree with him that you would sell him this particular horse?
A. Yes.
Q. How much did you tell him that you wanted for the horse?
A. $500.
Q. Did he tell you that he would buy the horse for $500.00 ? ■
A. Yes.
Q. Were there any other conditions to the sale?
A. None. There was none at all.”

Mr. Griffin testified concerning the sale as follows:

“Q. Going back to your original testimony concerning your first encounters with the horse, when you and Mr. Pitre were discussing the buying or the selling of the horse, you both identified the horse that was going to be sold and the horse that was going to be bought ?
A. Yes. Lady.
Q. There was no dispute on which animal was going to be sold ?
A. No, there wasn’t.
[812]*812Q. Did you all agree upon a price for the horse?
A. Yes, we did.
Q. What price was that ?
A. $500 for the horse. $300 when I took it, and $200 after.
Q. Did you agree with Mr. Pitre that you would take that particular animal for that particular price ?
A. That’s right.
Q. And your testimony just stated that you were going to give him $300 at that time and $200 later ?
A. That’s right.
Q. When did you purchase the horse?
A. October 28, 1969.”

It is apparent from the above quoted testimony that on October 28, 1969 Griffin and Pitre agreed to the purchase and sale of this quarter horse for a fixed price and the horse was delivered to the buyer thereby completing the sale.

Appellant alleges error on the part of the trial court in holding this a completed sale and asserts that this transaction was a credit sale subject to the condition of Griffin paying the price and Pitre accepting the same when it was tendered. Thus, appellant contends that since the condition of payment was never fulfilled no sale, upon which the trial court could have based its judgment compelling Griffin to pay the purchase price, ever occurred. We find no merit in this contention.

As pointed out by our brothers of the Fourth Circuit in the case of Parnell v. Baham, 228 So.2d 53 (4th La.App.1969), writs refused 255 La. 242, 230 So.2d 92 (1970):

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Bluebook (online)
278 So. 2d 809, 1973 La. App. LEXIS 6538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-pitre-lactapp-1973.