Manley v. Meyer

386 S.W.3d 772, 2011 WL 4478322, 2011 Mo. App. LEXIS 1285
CourtMissouri Court of Appeals
DecidedSeptember 28, 2011
DocketNo. SD 30709
StatusPublished
Cited by1 cases

This text of 386 S.W.3d 772 (Manley v. Meyer) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manley v. Meyer, 386 S.W.3d 772, 2011 WL 4478322, 2011 Mo. App. LEXIS 1285 (Mo. Ct. App. 2011).

Opinion

WILLIAM W. FRANCIS, JR., Presiding Judge.

William and Linda Meyer (individually “William” and “Linda” and collectively the “Meyers”)1 appeal the trial court’s judgment in favor of Michael T. Manley (“Manley”) for $28,000 in damages against the Meyers, jointly and severally. The Meyers allege that there was insufficient evidence to support the damage sum and there was no evidence to support Linda was liable under any of the claims. Finding no merit to the Meyers’ claims, we affirm the judgment.

Factual and Procedural History

In the fall of 2007, Manley entered into a verbal lease agreement with the Meyers for use of their pastureland for $1,000 for a one-year period; Pursuant to the terms of the lease agreement, Manley was permitted to use the land to graze cattle, harvest hay, hunt, and ride all terrain vehicles. Manley delivered 1 bull and 10 cows to the Meyers’ property. It was agreed that Manley would pay the $1,000 by the end of the one year or upon the sale of his cattle. There was no arrangement between Manley and the Meyers for the Meyers to provide feed and feed the cattle. Manley believed there was enough grass on the property to feed the cattle unless it snowed and covered up the grass. In the event snow occurred, Manley had preplanned and brought out 10 to 12 large bales of hay that could be fed to his cattle.

On August 1, 2008, the Meyers filed a “landlord’s petition” after an incident with Manley, unrelated to the lease agreement. On September 8, 2008, the date of trial, the parties entered into a settlement agreement which terms were set forth in a “Memorandum” signed by Manley and the Meyers, and filed with the court.2 As part of the settlement agreement, Manley was to • pay the Meyers $1,000 for rent and another $125 for a pig Manley purchased from the Meyers. Manley was also to remove his cattle from the Meyers’ pasture by September 10, 2008. The Meyers were to permit Manley access to their property for the removal of the cattle. The Meyers also agreed to return Manley’s 12-gauge shotgun and camper that had been left on their property. There was no allegation in the Meyers’ landlord petition for recovery of money for hay, and there had been no previous agreement between Manley and the Meyers for Manley to pay them money for hay.

On September 9, 2008, Manley was able to retrieve only a portion of his herd — 8 cows and 1 calf. On September 10, 2008, Manley was unable to round up and remove the remaining cattle. The Meyers had imposed restrictions on Manley’s use of all-terrain vehicles, horses, or dogs to help round up the cattle. The cattle were scattered over approximately 57 acres. Manley attempted to reschedule a time when he could remove the remaining cattle and was told by the Meyers that if Manley brought out feed, William would construct a “catch” pen and they would help Manley “feed the cows into the pen.” The Meyers agreed to call Manley when the cows were penned and ready to be removed. Over the next several months, Manley continued to provide feed for his cattle, but was unable to retrieve the cattle. When Manley attempted to schedule a time with the Meyers to retrieve his cattle, he would be told the cattle “were not ready to be [774]*774picked up,” or they “wouldn’t be in town,” or “were busy.”

On December 2, 2008, Manley received a phone call from Linda requesting Manley bring out additional feed for his cattle. Instead, Manley advised Linda that he would be out that afternoon to retrieve the cattle. Linda indicated William was not home and she would call him. Linda then advised that William was on his way to “either let [them] in the pens or tell [them] to leave.” Deputy James Arnold, with the Phelps County Sheriffs Department, accompanied Manley to the Meyers’ farm on orders “to keep the peace for a civil standby” and remain until Manley retrieved his cattle. When Deputy Arnold arrived, Manley had backed his truck and trailer up to the cattle pen and was waiting on William to arrive to unlock the gate. Upon the arrival of William and Linda, Manley requested that William unlock the gate, but William refused and demanded that Manley give him three calves as reimbursement for feeding Manley’s herd. When Manley refused, William gave Manley a trespass warning and asked him to leave. Deputy Arnold informed Manley his orders were that if “Mr. Meyer arrived on the property and told Manley that he couldn’t have the cattle, [Manley] had to leave[.]” Manley understood and left the Meyers’ property without retrieving his remaining cattle.

On March 18, 2009, Manley filed suit against the Meyers. Manley’s First Amended Petition, filed February 11, 2010, alleged: (1) the Meyers intentionally converted Manley’s cattle and personal property to their own benefit; (2) the Meyers failed and refused to return possession of disputed property or permit Manley to take possession; and (3) the Meyers breached their settlement agreement with Manley.3 Manley sought actual damages in the amount of $28,000 for “approximately 18 Black cows, 1 Black bull and 14 Black calves which, when last seen by [Manley], were located on pasture land owned and controlled by [the Meyers].” Additionally, Manley claimed the Meyers possessed his “Mossberg 935 automatic 12 gauge shotgun” and twelve cattle panels. He also sought punitive damages.

On February 16, 2010, the Meyers filed their “Amended Counterclaim” alleging Manley owed them $2,340, for hay fed to the cattle through the date of trial; $1,500, for boarding and pasture rental; and $500, for “labor and material for fence repair.”

On March 8, 2010, a bench trial was held. At trial, Manley testified his shotgun was worth $600 and his twelve cattle panels were worth about $150 each. Manley also testified that shortly after he delivered 1 bull and 10 cows to the Meyers’ property, the cows produced 11 calves. He further explained that some of these calves matured and had calves themselves, and that is how he arrived at the claim for 18 cows, 1 bull and 14 calves. Manley specifically noted this number did not include the nine animals he removed. Manley explained that in arriving at the amount of $28,000, he used “the price of what the cattle would be if they were sold as of that time....” Manley testified he also periodically looked in publications and checked sale barns to determine the going rate for cattle. No objections were made as to any of Manley’s testimony on these subjects.

The trial court admitted a June 1, 2007 invoice showing Manley purchased the bull for $1,100 and the 10 cows for $10,300.

[775]*775William testified that Manley brought 1 bull, 10 cows, and 6 calves to the farm. He claimed “one bull, two cows, and maybe six other” remained. He explained that “one old cow” had reproduced. William testified that he had some of his own cattle in the pasture with Manley’s herd — 2 cows and 4 calves. He said he was able to distinguish the animals based on their coloration. William testified he fed Manley’s cattle 20 bales of hay during the 2008-2009 winter, followed by an additional 30 bales during the winter of 2010, with each bale costing $50.

On June 7, 2010, the trial court entered judgment in favor of Manley for $28,000 in actual damages, and against the Meyers on their counter-claim. No punitive damages were awarded. This appeal followed.

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Bluebook (online)
386 S.W.3d 772, 2011 WL 4478322, 2011 Mo. App. LEXIS 1285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manley-v-meyer-moctapp-2011.