Harper v. J.B. Wells Estate

575 So. 2d 894, 1991 La. App. LEXIS 328, 1991 WL 25847
CourtLouisiana Court of Appeal
DecidedFebruary 27, 1991
DocketNo. 22138-CA
StatusPublished

This text of 575 So. 2d 894 (Harper v. J.B. Wells Estate) 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
Harper v. J.B. Wells Estate, 575 So. 2d 894, 1991 La. App. LEXIS 328, 1991 WL 25847 (La. Ct. App. 1991).

Opinion

NORRIS, Judge.

The plaintiff, Ed C. Harper, sued the Estate of J.B. Wells for the balance allegedly due on an agreement they entered before Wells’s death in May 1988. Harper alleged that Wells contracted with him to restore a 1929 Ford Model A Tudor; that he performed the work; and that after credit for payments already made, the estate owed him $13,582.18 for parts and labor. Harper also sought a writ of sequestration which was granted and dissolved before trial. The estate reconvened, [896]*896seeking unpaid legal fees of $2,541.67. The matter went to trial in April 1989; by judgment of January 1990 the court awarded Harper $11,610. The estate appeals sus-pensively, raising two assignments:

(1) The trial court erred in granting judgment in favor of the plaintiff who presented no witness other than himself and therefore did not meet the burden of proof of the “Dead Man Statute,” La. R.S. 13:3722; and
(2) Alternatively, if the plaintiff met his burden, then the trial court erred in awarding excessive damages for his claim.

We conclude that although there was adequate evidence to prove a contract between Harper and the late Mr. Wells, the trial court was plainly wrong in finding sufficient evidence of the amount of the “debt or liability” under the Dead Man Statute. Harper is entitled to reimbursement for parts and reasonable compensation for his labor. Because this total is offset by payments already received and unpaid legal fees owed to Wells, the trial court’s judgment will be reversed and judgment rendered dismissing the parties’ respective demands.

Facts

At trial Harper called only one witness, himself. He testified that he had retained Wells for a domestic matter in 1982 and, subsequently, for other legal matters. In the course of their discussions he mentioned that he restored old cars at his house. In September 1986 Wells told Harper he had a 1929 Ford Model A and asked if Harper could restore it. Harper inspected the car and initially refused the project. He explained that the car was in such poor condition that it was “not worth fixing”; replacement parts alone could run $9,000 to $10,000, more than the finished product would be worth. However, Wells told him, “Go ahead and fix it.” Wells wanted not an authentic antique (all original parts) but a running car that would be good looking and street legal with modern modifications such as signal lights.

Harper testified that Wells agreed to pay $15 an hour for Harper’s labor and did not set a maximum number of hours or a completion date. There was no written contract and no one else was present when Harper and Wells reached their agreement.

Harper gathered parts for several months before he began the actual work in February 1987. He testified that he kept a summary of daily labor and monthly parts. These details are summarized in Exhibit P-1; the actual monthly parts invoices are included in Exhibit P-2 in globo. The invoices showed a parts total of $8,332.13 and a labor total of $16,200, for a grand total of $24,532.13, which he claimed. Harper testified that he forwarded his summaries to Wells every three months and that Wells would pay him soon thereafter, either in cash or by credit against Harper’s debt to Wells for legal services. Wells’s secretary, Ms. Storms, was present on several occasions when Wells paid. Wells would check on Harper’s progress every two or three weeks and seemed very pleased with the work. Harper further testified that Wells’s periodic payments did not, and were not intended to, get his account current; as a retired man Harper did not need all his money at once. Wells’s payments and credits eventually totalled $11,000.

Wells’s last payment, of $1,000 cash, was on March 29, 1988. Harper testified this occurred “at the lot” and Ms. Storms was not present. Harper denied that Wells said he owed no more money or wanted to audit Harper’s records. He also denied that the $1,000 payment made them “even” as of that date. He admitted, however, that Wells wanted to make sure the summaries were correct. Harper apparently knew that Wells was becoming concerned about the cost; at one point (Harper was not specific when) Wells remarked, “That’s going to cost a lot of money, isn’t it?” According to Harper, Ms. Storms was present and replied, “You knew that.”

Whatever his concerns, Wells never told Harper to stop working. Harper knew that Wells was planning a vacation in Colorado for late May 1988 and wanted to have [897]*897the Model A by then. Harper poured a lot of hours into the project that month in an effort to get the car ready for Wells’s vacation. Exhibit P-2 shows that Harper billed 114½ hours in May, about half again as much as the average month; he also listed 250V2 “grattis [sic ] hours,” which he nevertheless claimed against the estate. Despite his efforts, by May 18 when Wells met with Harper for the last time, he was “in agreement” that the car was not quite ready.

J.B. Wells died on vacation on May 30, 1988. Harper testified that he substantially completed the car and submitted the bill to Wells’s son, who did not pay. On cross examination Harper admitted that he still owed Wells $1,922.22 for professional services.

The estate called Ms. Storms before Harper had rested his case. She testified she was present for about half of Wells and Harper’s conversation of March 29, 1988. She described Wells as “frustrated” though not “accusatory” about the cost, having earlier expressed an intent to double-check Harper’s records. Wells gave Harper a large sum of cash and asked, “Is this all I owe you as of right now?” Harper replied, “Yes.” Ms. Storms felt sure Wells was paid up as of that date. Harper returned part of the cash to Wells to pay for legal fees and Ms. Storms wrote him a receipt. Despite his concern over the cost Wells seemed happy with Harper’s work and never told him to quit. In late April or early May, in fact, Wells told Ms. Storm and others that the car was “ready to be looked at.” He obviously thought it was finished.

The estate also called Mr. Harold Polk, whom the court accepted as an expert in auto mechanics and the restoration of vehicles. He testified that a restored car has no antique value unless it is restored to its original state. He inspected Wells’s Model A and found that though it was excellently rebuilt it was not “authentic.” If it were authentic it would be worth $6,000 to $6,500; as a repaired car it was worth about $3,000. Although he had not seen the car before Harper began work, he felt he could have restored it for less than the $11,000 that Wells had already paid. He estimated the job should have taken no more than a month. On cross examination he agreed that restoration work is tedious and $15 an hour is reasonable. He also admitted that antique cars are hard to value and may be the objects of sentimental attachment, but he did not think a car could be worth any more than its antique value.

Action of the trial court

By written opinion the court found that Wells asked Harper to “repair and refurbish” his Model A without limitation as to time or cost. The court further found that Ms. Storms was a credible witness whose testimony corroborated the “gist” of Harper’s claim even though she did not know the exact amount owed or paid; her testimony was sufficient under Landry v. Weber, 345 So.2d 11 (La.1977).

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Bluebook (online)
575 So. 2d 894, 1991 La. App. LEXIS 328, 1991 WL 25847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-jb-wells-estate-lactapp-1991.