LeBlanc v. Opt, Inc.

421 So. 2d 984, 1982 La. App. LEXIS 8033
CourtLouisiana Court of Appeal
DecidedOctober 13, 1982
Docket82-196
StatusPublished
Cited by17 cases

This text of 421 So. 2d 984 (LeBlanc v. Opt, Inc.) 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
LeBlanc v. Opt, Inc., 421 So. 2d 984, 1982 La. App. LEXIS 8033 (La. Ct. App. 1982).

Opinion

421 So.2d 984 (1982)

William R. LeBLANC, Plaintiff-Appellee,
v.
OPT, INC., et al., Defendants-Appellants.

No. 82-196.

Court of Appeal of Louisiana, Third Circuit.

October 13, 1982.
Rehearing Denied December 2, 1982.

Provosty, Sadler & deLaunay, Frederick B. Alexius, Alexandria, for defendants-appellants.

William E. Skye, Alexandria, for plaintiff-appellee.

Before DOMENGEAUX, DOUCET and YELVERTON, JJ.

YELVERTON, Judge.

From a judgment awarding William R. LeBlanc, a real estate developer, $132,950 based on quantum meruit, the defendants Opt, Inc. and Richard Friedberg appeal. *985 Richard Friedberg additionally appeals the trial court decision that the corporate defendant was his alter ego and that he is individually liable. Plaintiff answered the appeal seeking an increase in the award.

In 1975 Opt, Inc., a Louisiana Corporation, acquired an 86 acre tract of unimproved land on McArthur Drive in Alexandria, Louisiana. The purchase price was $892,500. The ultimate purpose of the acquisition was the development and sale of the property for both commercial and residential uses. Opt, Inc. was wholly owned by Richard Friedberg, an investor and real estate developer.

In March, 1977, William J. LeBlanc, a real estate broker and developer in Alexandria, met with Friedberg in Baton Rouge at the corporate office of Opt, Inc. The two were brought together by mutual friends. The purpose of the meeting was the development of the 86 acres, known as North Village. At this meeting they discussed general plans for the development. A second meeting in early April was held to discuss the development in more detail. At the April meeting LeBlanc was employed by Opt to prepare the plans and develop and sell the property.

LeBlanc went to work immediately. He was given an office, a secretary, and an expense account. He was also paid $2,500 a month. Five months later this was reduced to $1,750. In January 1980 he was terminated.

LeBlanc worked full time for Opt during the 34 months of his employment, from April 1977 to January 1980. During this time he was paid a total of $45,050. After he was terminated he brought this suit seeking damages of $311,370 based on contract. In the alternative, he asked for an award of $281,670 based on quantum meruit. The defendants denied any indebtedness, basically contending that LeBlanc was simply a salaried employee working by the month.

The trial court concluded that contract damages were not recoverable because no contract was proved. No written contract was ever signed. Although two written instruments were signed by LeBlanc and tendered to Friedberg, the latter refused to sign them. The trial judge also concluded that no verbal contract was proved because the evidence did not preponderate in favor of either party's version of their arrangement. The court accordingly held that the will of both parties did not unite on the same point, there was no consent given to any particular agreement, and therefore no contract existed between them.

Based on our review of the record, we agree with the trial court as to these factual conclusions.

The basic contention on appeal is whether plaintiff is entitled to recover in quantum meruit. The defendants-appellants resist any recovery at all, insisting that LeBlanc was employed by the month on a salary, and that he could quit any time and they could fire him at any time. Defendants agreed that there had been some discussion concerning LeBlanc's exclusive listing rights and his potential entitlement to realtor's fees. The parties sharply disagreed, however, as to the details, but there was enough evidence of realtor fees being contemplated by the parties for the trial court to be convinced that something considerably more than a mere month-to-month salary was envisioned, and we are also convinced that this is so. The trial judge noted that LeBlanc's total salary ($45,050) for his three years of employment was "an incredibly low figure for the services he rendered, in light of his prior real estate developments and expertise therein".

It is at this point that quantum meruit becomes the operative doctrine. Quantum meruit is an equitable doctrine, based on the concept that no one who benefits by the labor and material of another should be unjustly enriched thereby. Under those circumstances the law implies a promise to pay a reasonable amount for the labor and material furnished, even in the absence of a specific contract therefor. Gauguin, Incorporated v. Spring, 316 So.2d 858 (La.App. 3 Cir.1975).

*986 In determining that LeBlanc was entitled to recover in quantum meruit, the trial judge found that the actual value of LeBlanc's services far outweighed what he was actually paid. The trial court also found that the defendants had been enriched by much more than the amount Le-Blanc was actually paid.

The record thoroughly supports these conclusions. When plaintiff began work in 1977, the property was a tract of raw, unimproved land. He furnished the defendants with a concrete plan to develop the entire tract for commercial use, and single-family residential and multi-family residential use. The whole tract has been subdivided. All the work was done that was required to have the project approved by the City of Alexandria. LeBlanc encountered considerable difficulty, including public opposition regarding zoning requirements, but succeeded in getting the property properly zoned for the development to proceed. All of the engineering and construction has been completed relative to the drainage, water, sewer, gas, and electrical facilities. The main commercial street, North Boulevard, as well as Lacassine Drive and the first stretch of Tunica Drive have been designed and constructed. The largest single contract which LeBlanc let and supervised in the development was over $500,000.

LeBlanc performed additional work beyond that which was contemplated by the development of the tract. He obtained Days Inn motel franchises for Opt in the four cities of Alexandria, Lafayette, Houma and Monroe. A completed package for a Days Inn construction on North Village was prepared. LeBlanc handled a $199,000 land purchase in Lafayette for a Days Inn construction site. The benefits this work provided defendants were summed up by the trial judge as follows:

"Opt, Inc. now owns a valuable piece of developed land. If they wished to begin constructing houses, apartments, or businesses on the tract tomorrow, they could. This would not be possible without plaintiff's efforts. Further, LeBlanc gave Opt, Inc. a completed package for the construction of the Days Inn on the tract. If the money becomes available, construction could begin immediately."

The trial court awarded LeBlanc $178,000 as the amount he deserved for his efforts in developing North Village from raw land to an established commercial and residential subdivision, together with his efforts on the various motel projects at Richard Friedberg's request. From this total the trial court deducted the $45,050 previously paid LeBlanc on a monthly basis, leaving a net judgment amount of $132,950. This amount was obviously based on the testimony of Hab Monsur of Alexandria, an expert in real estate and development, who was the only expert to testify in the case. Mr. Monsur was present throughout the trial, reviewing all of the exhibits, and was personally acquainted with the before and after condition of North Village. Our review of the record causes us to agree with the trial court that the amount awarded was reasonable and equitable and should be neither decreased nor increased.

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Bluebook (online)
421 So. 2d 984, 1982 La. App. LEXIS 8033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leblanc-v-opt-inc-lactapp-1982.