Johnson v. Lane

524 S.W.2d 361, 1975 Tex. App. LEXIS 2750
Court of Appeals of Texas·Decided May 22, 1975·No. 18579·Published·Cited by 18 cases

Opinion

CLAUDE WILLIAMS, Chief Justice.

Martha Lane brought this action against George Johnson and Hardy Johnson seeking damages for conversion of personal property. Both defendants answered asserting that the property in question had been abandoned. Both defendants filed a cross-action seeking to recover delinquent rentals on certain leased premises as well as damages for repairs to such property. Following a nonjury trial, the court rendered judgment for Martha Lane against Hardy Johnson for the sum of $750 and denied any *363 recovery in favor of George or Hardy Johnson against Martha Lane. From this judgment only Hardy Johnson appeals. We affirm.

In October 1972, Martha Lane rented a house in Melissa, Collin County, Texas, on a month-to-month basis from George Johnson, the owner of the premises. Hardy Johnson, son of the owner George Johnson, acted as agent in the matter of collecting rentals and taking care of the property generally. Appellee Lane continued to reside in the house until the month of April 1973, at which time she left Texas and went to the state of Michigan. Appellee testified that, at the time she left Texas, it was her intention to be gone temporarily and that she orally agreed with Hardy Johnson that while she was away, one Don Faulkner would pay the rent and care for the premises. Thereafter, in the month of May 1973, Faulkner vacated the premises without making the rental payments and without giving notice to either appellant or appellee. About a month later, Hardy Johnson removed all of appellee’s possessions, consisting of furniture and other personal items, from the house and stored a portion of the property in a building near his place of business. When Martha Lane returned to Texas, she discovered the house had been rented to another party and also found that appellant Hardy Johnson had been using various items of her property in connection with his business. She requested the return of her property but was informed by Hardy Johnson that she could not receive same unless she paid him the sum of $210. Ap-pellee later tendered that amount to appellant, who refused to accept that payment and instead demanded $290, stating as his sole reason for the increase that appellee had consulted an attorney.

The trial court, in its findings of fact and conclusions of law, found that Hardy Johnson had moved certain items of furniture, appliances and personal property belonging to appellee Lane and had used such items in his business and for his own use; that such use was without the consent or knowledge of George Johnson; that Hardy Johnson demanded $210 from Mrs. Lane as a condition for the return of her property; that when said sum was tendered to Hardy Johnson, he refused to accept such sum and demanded an additional $80; he also demanded the retention of a recliner chair which he had been using as a condition precedent to the return of the property; that Hardy Johnson had failed to adequately protect Mrs. Lane’s property against rain and exposure; and that Hardy Johnson’s taking and using the furniture and appliances and also his refusal to return the same upon demand constituted conversion.

Appellant’s primary points of error attack the trial court’s findings of fact and conclusions of law which support appel-lee’s cause of action for conversion. In our review of these points, we apply the well-settled rule that the trial court’s findings carry the same weight as jury’s findings by which we are bound, if such findings are supported by sufficient probative evidence. In a nonjury case, the trial court is the judge of the credibility of the witnesses and the weight to be accorded their testimony. Where there is evidence of probative force to support the findings of the judgment of the trial court, such findings will not be disturbed even though the evidence is conflicting and the reviewing court might have concluded otherwise. Corn v. First Texas Joint Stock Land Bank, 131 S.W.2d 752 (Tex.Civ.App.—Fort Worth 1939, writ ref’d); Frazier v. Williams, 359 S.W.2d 213 (Tex.Civ.App.—Eastland 1962, no writ); Patton v. Rogers, 417 S.W.2d 470, 472 (Tex.Civ.App.—San Antonio 1967, writ ref’d n. r. e.), and Dearmin v. Smallwood, 520 S.W.2d 602 (Tex.Civ.App.—Beaumont 1975, no writ).

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

Johnson v. Lane, 524 S.W.2d 361, 1975 Tex. App. LEXIS 2750 (Tex. Ct. App. 1975).

524 S.W.2d 361 (Johnson v. Lane) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Akin v. Santa Clara Land Co., Ltd.
34 S.W.3d 334 (Court of Appeals of Texas, 2000)
Campos v. Investment Management Properties, Inc.
917 S.W.2d 351 (Court of Appeals of Texas, 1996)
Chapman & Cole v. Itel Container International B.V.
865 F.2d 676 (Fifth Circuit, 1989)
Reese v. Parker
742 S.W.2d 793 (Court of Appeals of Texas, 1987)
Chapman and Cole v. Itel Container Intern. BV
665 F. Supp. 1283 (S.D. Texas, 1987)
Dolenz v. National Bank of Texas at Fort Worth
649 S.W.2d 368 (Court of Appeals of Texas, 1983)
Harwath v. Colwell
648 S.W.2d 709 (Court of Appeals of Texas, 1982)
Christensen v. Hoover
643 P.2d 525 (Supreme Court of Colorado, 1982)
Bobbitt v. National Comp Associates
597 S.W.2d 28 (Court of Appeals of Texas, 1980)
Ward v. Shriro Corp.
579 S.W.2d 257 (Court of Appeals of Texas, 1978)
Frost National Bank of San Antonio v. Stool
575 S.W.2d 321 (Court of Appeals of Texas, 1978)
Tenneco, Inc. v. Polk County
560 S.W.2d 416 (Court of Appeals of Texas, 1977)
Central National Bank of McKinney v. Booher
557 S.W.2d 563 (Court of Appeals of Texas, 1977)
Ogle v. Enterprises Ltd.
538 S.W.2d 175 (Court of Appeals of Texas, 1976)