Huber Oil Co. of Louisiana, Inc. v. Save-Time

422 So. 2d 597
CourtLouisiana Court of Appeal
DecidedNovember 12, 1982
Docket82-242
StatusPublished
Cited by5 cases

This text of 422 So. 2d 597 (Huber Oil Co. of Louisiana, Inc. v. Save-Time) 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
Huber Oil Co. of Louisiana, Inc. v. Save-Time, 422 So. 2d 597 (La. Ct. App. 1982).

Opinion

422 So.2d 597 (1982)

HUBER OIL COMPANY OF LOUISIANA, INC., Plaintiff & Appellee,
v.
SAVE-TIME, A Partnership, Terry J. Wall, Individually, and d/b/a Wall's Pak-a-Bag, Inc., James Howard, Individually, d/b/a Howard's Grocery and Vincent Oil Company, Defendants & Appellants.

No. 82-242.

Court of Appeal of Louisiana, Third Circuit.

November 12, 1982.
Rehearing Denied December 28, 1982.

*598 Jacques, Rester & Townsend, Daniel K. Rester, Lake Charles, for defendants & appellants.

Scofield, Bergstedt, Herard, Hackett & Mount, Richard E. Gerard, Lake Charles, for plaintiff & appellee.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Emmett C. Sole, Lake Charles, for defendant-appellee-appellant.

Before CULPEPPER, DOMENGEAUX and GUIDRY, JJ.

CULPEPPER, Judge.

Huber Oil Company of Louisiana, Inc., hereinafter "Huber," filed this suit for injunctive relief to enforce contracts which it had to sell gasoline to three convenience stores, two of the contracts being with the former owners of the stores and the third with the former lessee. The defendants are (1) Save-Time, a partnership which purchased two of the stores from the owners and leased the third, (2) Terry J. Wall, the previous owner of one of the stores and lessee of another, (3) James Howard, previous owner of one of the stores, (4) Save-Time, Inc., operator of all three stores, and (5) Vincent Oil Company, which desires to sell gasoline to the three stores. At the time plaintiff filed its original petition, it obtained a temporary restraining order enjoining all of the defendants from terminating the sales agreements between Huber and Wall and between Huber and Howard pertaining to the delivery of gasoline to the three stores, and enjoining the defendants from removing the signs or other equipment installed by Huber, and from taking any action to interfere with Huber's performance of the sales agreements. The defendants filed motions to dissolve the temporary restraining order and demands for damages caused by its illegal issuance. Additionally, defendants Save-Time Partnership and Save-Time, Inc. filed a petition for a preliminary injunction enjoining Huber from delivering products to the three stores or from entering upon the property, and further ordering Huber to remove all signs or other equipment installed by Huber on the properties.

The rules to dissolve Huber's temporary restraining order were heard on the pleadings, affidavits and arguments of counsel, and the court dissolved the temporary restraining order for lack of a proper bond, reserving to the defendants the right in further proceedings to seek damages for the wrongful issuance of the order.

A hearing was held on Huber's rule for a preliminary injunction, the rule by Save-Time Partnership and Save-Time, Inc. for a preliminary injunction against Huber, and exceptions of no right or cause of action filed by Vincent Oil Company. The court granted to Huber a preliminary injunction against all defendants to the same effect as the temporary restraining order described above. The court denied the preliminary injunction against Huber sought by Save-Time Partnership and Save-Time, Inc., and overruled the exception of no right or cause of action filed by Vincent Oil Company. From that judgment, Save-Time Partnership, Save-Time, Inc. and Vincent Oil Company have appealed. We reverse.

*599 The substantial issues are: (1) Is Huber entitled to a preliminary injunction against the defendants? (2) Are Save-Time Partnership and Save-Time, Inc. entitled to a preliminary injunction against Huber? (3) Has Huber alleged a cause of action against Vincent?

THE FACTS

The facts are as follows: On February 3, 1981 Huber entered into an agreement with Terry Wall, d/b/a Wall's Pak-A-Bag, Inc. in which Huber agreed to supply gasoline for ten years to a convenience store owned by Wall and located at Highway 14 and Western Street. On February 3, 1981, the same parties entered into an identical contract in which Huber agreed to supply gasoline for five years to another convenience store location, of which Wall was lessee and operator, located at Highway 14 and Smith Road. A third contract was entered into on September 10, 1981 with Howard to supply gasoline to a store owned by Howard and located at Claude Hebert Road, Lake Charles, Louisiana for a period of 15 years.

These contracts simply state that supplier agrees to furnish and maintain all equipment necessary for the sale of gasoline and will supply gasoline for the stated period of time. There is no mention in the contracts as to the price at which the gasoline will be supplied or that Huber Oil would be the exclusive supplier. All three contracts were recorded in the conveyance records of Calcasieu Parish, Louisiana prior to February, 1982.

On December 16, 1981, a partnership known as Save-Time Partnership came into existence. This partnership is composed of two other legal entities and Terry Wall. The partnership bought the property owned by Mr. Wall on Western Street and the store owned by Howard. Additionally, as to the store leased by Wall, he assigned the lease to the partnership.

At the time of the transfer of the properties and the lease to Save-Time Partnership, Huber had certain tanks, signs, insignia and other equipment installed on the properties. On the date before the transfer of the properties to the partnership, Vincent Oil Company wrote at the request of the partnership to Huber Oil Company to inquire what arrangements could be made for the sale and transfer of Huber's equipment at the three sites.

Huber then instituted this suit for injunctive relief and obtained the temporary restraining order above described. On the trial of the rule for preliminary injunction, the trial court found that the written agreements between Huber, Walls and Howard were "valid contracts in full force and effect on the day of the sale of the immovable property." The court found as a fact that the partnership and Save-Time, Inc. had actual knowledge of the written contracts and that by their purchase of the two convenience store sites and the lease of the third they have assumed the contracts between Huber and Wall and between Huber and Howard.

IS HUBER ENTITLED TO PRELIMINARY INJUNCTION?

LSA-C.C.P. article 3601 states:

"Art. 3601. Injunction, grounds for issuance, preliminary injunction; temporary restraining order
"An injunction shall issue in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law;
* * * * * *
"During the pendency of an action for an injunction the court may issue a temporary restraining order, a preliminary injunction, or both, except in cases where prohibited, in accordance with the provisions of this Chapter."

In order to avail oneself of the remedy provided by this article, one must be without an adequate remedy at law. The plaintiff must show that irreparable injury, loss or damage will ensue if an injunction is not granted. Therefore, the party seeking an injunction under LSA-C.C.P. article 3601 must show that the loss alleged cannot be adequately compensated in money, or that it is a loss for which damages are not *600 susceptible of being measured by pecuniary standards. LeBlanc v. Lyons, 401 So.2d 626 (La.App. 3rd Cir.1981).

The jurisprudence has recognized that the sole purpose of a preliminary injunction is to preserve the status quo pending a full trial on the merits.

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