Knight v. Hired Hand Green, Inc.

775 So. 2d 218, 1999 Ala. Civ. App. LEXIS 905, 1999 WL 1207038
CourtCourt of Civil Appeals of Alabama
DecidedDecember 17, 1999
Docket2980697
StatusPublished
Cited by1 cases

This text of 775 So. 2d 218 (Knight v. Hired Hand Green, Inc.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knight v. Hired Hand Green, Inc., 775 So. 2d 218, 1999 Ala. Civ. App. LEXIS 905, 1999 WL 1207038 (Ala. Ct. App. 1999).

Opinion

YATES, Judge.

Hired Hand Green, Inc. (“Hired Hand”), sued James Knight, a/k/a Jimmy Knight d/b/a/ Four Seasons Greenhouse, on June 5, 1997, alleging a breach of contract arising out of the sale of a greenhouse and other materials. Knight answered and counterclaimed, alleging that Hired Hand had negligently constructed the greenhouse. Following an ore tenus proceeding, the court, on February 11, 1999, entered an order, stating, in part:

“1. The Court finds Hired Hand Green is entitled to the remaining balance under the contract, $18,000, plus a sales tax of $2,160 (computed at the rate of 6% on the total purchase price of $36,000), for a total of $20,160.
“2. The Court finds Hired Hand Green is entitled to $650.14 for [Knight’s] purchase of shade cloth materials and freight charges.
“3. The court finds Hired Hand Green has incurred $10,381.87 in attorney’s fees in this case. Pursuant to the contract between the parties, Hired Hand Green is entitled to attorney’s fees in collecting on any debts. The Court finds that Hired Hand Green is entitled to an attorney’s fee of $8,500.
“4. The Court finds for [Knight] on [his] counterclaim and awards [him] the amount of $8,000, which is set-off against the amounts [he] owes to Hired Hand Green under this judgment. [Knight is] not entitled to any consequential damages.
“5. The Court finds Hired Hand Green is entitled to a 1.5% per month charge on the past due balance under the contract ($20, 160), less the amount of [Knight’s] right to set-off ($8,000), for a period of 24 \ months (from February 1, 1997, through February 15, 1999), totaling $4,475.31. The charge does not apply to the past due balance on [Knight’s] purchase of the shade cloth material.
“It is therefore, ORDERED, ADJUDGED and DECREED that judgment shall be entered in favor of Plaintiff Hired Hand Green, Inc. and against Defendants, jointly and severally [sic], in the amount of $25,785.45. All costs are taxed against [Knight].”

Knight appeals.

Hired Hand is in the business of selling and manufacturing commercial greenhouses for retail customers. Knight owns and operates a business known as Four Seasons Greenhouse, which comprises 35 greenhouses throughout north Alabama. Knight contacted Shane Carden, a sales representative at Hired Hand, to inquire about purchasing a greenhouse. Knight and Carden met to discuss Knight’s requirements and the various types of greenhouses sold by Hired Hand. On August 1, 1996, Knight entered into a contract with Hired Hand for the purchase and construction of two 36’ by 96’ gutter-connected sawtooth greenhouses for $36,000. Separately, Knight also purchased from Hired Hand some shade-cloth material that was not included in the contract. The payment schedule required Knight to make a down payment of $18,000, with the [220]*220remaining balance of $18,000 being due upon completion of the construction of the greenhouse. Knight made the $18,000 down payment when the contract was signed.

The contract specified a number of features to be included in the greenhouse. The roof was to be made of two layers of polyethylene. The corner “pockets” of the greenhouse were to be constructed of polycarbonate. The greenhouse was also to include two sliding doors, two Hired Hand Super Saver XL vented heaters, gutters, and flashing. Finally, although the shade-cloth material had been purchased separately and was not included in the contract, the clips that are used to attach the shade cloth to the greenhouse were included in the contract.

Carden testified that the greenhouse was completed in early November 1996. Knight began selling plants out of the greenhouse at that time. Hired Hand, on December 17, 1996, submitted an invoice to Knight for the remaining balance owed under the contract. The invoice was for $20,160 and it specifically stated that this amount included sales tax in the amount of $2,160. Carden testified that on a number of occasion she attempted to collect from Knight the balance owed.

Knight testified that he had a number of complaints with the greenhouse and that he had requested Carden to meet him in order to make a “punch list” — a list of problems to be corrected. Knight’s complaints with respect to the greenhouse included the following: the shade cloth and clips had not been installed as agreed; the polycarbonate corner “pockets” had not been installed as agreed; the doors had an inferior locking system; the polyethylene roof was bagging and holding water; the two vented heaters and thermostats were not installed as agreed; the gutters did not have endcaps or downspouts; and the greenhouse was leaking air from a space above the door. Knight testified that he and Carden met in early April 1997 to discuss the complaints and to prepare the punch list. On April 16, 1997, Steven Cri-der, the president of Hired Hand, sent Knight a letter informing him that Hired Hand had received the punch list outlining the complaints and that Hired Hand would make the requested changes to the greenhouse. However, Crider informed Knight that these changes would be considered warranty work, which Hired Hand would complete upon Knight’s tendering the payment of the balance owed under the contract. Knight responded by letter on April 29, 1997, telling Hired Hand that when the requested work was completed he would tender a check for the balance owed under the contract. Knight did not pay the balance owed, and Hired Hand did not make Knight’s requested repairs. Knight ultimately paid to have a third party make some of the repairs.

We note that this case was tried without a jury and that the parties presented ore tenus evidence. Where a trial court’s judgment is based on ore tenus evidence, its judgment is presumed correct and will not be disturbed on appeal unless it is plainly and palpably wrong. Myrick v. Gladish, 690 So.2d 435 (Ala.Civ.App.1997). Knight argues on appeal, as he did at trial, that the greenhouse was not constructed to the specifications in the contract and, therefore, that it had not reached the stage of “completion,” as provided by the contract, that would have obligated him to tender the balance due. He contends that the term “completion” is ambiguous, because it is not defined in the contract and, therefore, he argues, it should be construed against Hired Hand, the party that drafted the contract. “General rules of contract interpretation require that the intent of the parties be derived from the words of the contract, unless an ambiguity exists.” Ryan Warranty Services, Inc. v. Welch, 694 So.2d 1271, 1273 (Ala.1997). This court has stated:

‘Whether an agreement is ambiguous is a question of law for the trial court. When the agreement is reasonably sus[221]*221ceptible to more than one meaning, an ambiguity exists. Where an ambiguity exists, the trial court may admit parol evidence to explain or clarify the ambiguity. Once the trial court finds the agreement to be ambiguous in any respect, determination of the true meaning of the agreement is a question for the trial court.”

Bain v. Gartrell, 666 So.2d 523, 524 (Ala.Civ.App.1995) (citations omitted). The court made no specific findings with regard to whether the term “completion,” as it appeared in the contract, was ambiguous. “When a trial court makes no specific findings of fact, this court will assume that it made those findings necessary to support its judgment ‘unless such findings would be clearly erroneous.’ ”

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775 So. 2d 218, 1999 Ala. Civ. App. LEXIS 905, 1999 WL 1207038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-hired-hand-green-inc-alacivapp-1999.