Martin Fuel Dist., Inc. v. Trans Gulf Fuel, Inc.

496 So. 2d 473, 1986 La. App. LEXIS 7881
CourtLouisiana Court of Appeal
DecidedOctober 15, 1986
Docket85 CA 0738
StatusPublished
Cited by17 cases

This text of 496 So. 2d 473 (Martin Fuel Dist., Inc. v. Trans Gulf Fuel, 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
Martin Fuel Dist., Inc. v. Trans Gulf Fuel, Inc., 496 So. 2d 473, 1986 La. App. LEXIS 7881 (La. Ct. App. 1986).

Opinion

496 So.2d 473 (1986)

MARTIN FUEL DISTRIBUTORS, INC.
v.
TRANS GULF FUEL, INC.

No. 85 CA 0738.

Court of Appeal of Louisiana, First Circuit.

October 15, 1986.
Writ Denied December 19, 1986.

Donald F. Harang, Larose, for plaintiff-appellee Martin Fuel Distributors, Inc.

Rader Jackson of Shushan, Meyer, Jackson, McPherson & Herzog, New Orleans, Edmond L. Deramee, Jr., Thibodaux, for defendant-appellant Trans Gulf Fuel, Inc.

Before LOTTINGER, SHORTESS and CARTER, JJ.

CARTER, Judge.

Defendant, Trans Gulf Fuel, Inc., appeals from a trial court judgment declaring certain lease amendments null and void.

*474 FACTS

The facts of this case are not in dispute.[1] Prior to August 30, 1933, L.E. Daviet & Company, Inc. owned the following described property:

1st. A certain tract of land situated in the Parish of Lafourche, State of Louisiana, on the right descending bank of Bayou Lafourche, at about 30 miles below the Town of Thibodaux, measuring one and one quarter (1¼) arpent front on said Bayou by forty (40) arpents in depth. Bounded above by lands of Leon Orgeron, and below by lands of E.C. Delaune, formerly, now of Farmers Trust & Savings Bank.
Being the same property which was acquired from Numa Allemand, see C.B. 62 folio 17, et seq.
2nd. A certain tract of land, situated in the Parish of Lafourche, State of Louisiana, on the left descending bank of Bayou Lafourche, at about 34 miles below the Town of Thibodaux, measuring two (2) arpents and six (6) feet in width, on the said Bayou Lafourche by a depth of forty (40) arpents bounded above by property of Lafourche Parish School Board (Larose High School) and Pierre Breaux and below by property of the Harvey Canal Co. (Intracoastal Canal) now or formerly, together with all the buildings and improvements etc. (See C.B. 50, folio 262) (Less 85 feet front by 40 arpents in depth sold to the Harvey Canal Land & Improvement Co. See C.B. 54 F. 137)
Also a stock of merchandise in the store situated on the property herein secondly described and merchandise in transit as well as all rights, open accounts, credits and actions belonging to L.E. Daviet & Company, Inc.

By act of sale dated August 30, 1933, L.E. Daviet & Company, Inc.[2] conveyed title to the above described property to L.E. Daviet and his wife, Alice Guidroz Daviet. The act of sale was recorded in COB 71, folio 383 in Lafourche Parish.

On June 15, 1944, L.E. Daviet leased the subject property to Southport Petroleum Company of Delaware for a term of fifteen years. The lease was recorded in COB 111, folio 475 in Lafourche Parish. Thereafter, the lease was amended to extend the lease term until June 14, 1974, and granted lessee the right to renew the lease for an additional fifteen years, commencing June 15, 1974, and ending June 14, 1989. The lease amendment was signed by Esso Standard Oil Company, successor of lessee, Southport Petroleum Company of Delaware, and by lessor, L.E. Daviet. The lease amendment was recorded in Lafourche Parish in COB 252, folio 237.

By act of donation, dated December 22, 1959, Alice Guidroz Daviet and L.E. Daviet conveyed the subject property to L.E. Daviet Company, a Louisiana partnership consisting of Leslie L. Daviet, Claude E. Daviet, Louis E. Daviet, Jr., and the Dominican Trust (a trust created by Alice Guidroz Daviet and L.E. Daviet). The act of donation was recorded in COB 261, folio 130 in Lafourche Parish. No articles of partnership were ever filed by L.E. Daviet Company.

By instrument filed November 17, 1965, Leslie L. Daviet, Claude E. Daviet, Louis E. Daviet, Jr. and the Dominican Trust gave L.E. Daviet, Sr. a power of attorney authorizing him to:

[A]ct for us and represent us in the management of all property owned by us, doing business as L.E. Daviet Company (partnership) and power is granted to said L.E. Daviet, Sr. to sell any of the property so owned by us jointly, and to buy property in our joint names, such property that may be sold or purchased to include real, personal and/or mixed property; giving and granting to said attorney full power and authority to do *475 and perform any and every act and thing he deems requisite or necessary to be done in the premises, in connection with the management of said partnership and/or sales and purchases of property for account of said partnership, as fully and to all intents and purposes as we might or could do if personally present at the doing thereof.
Without in any way limiting the generality of the foregoing, such power shall include:
1. The full power to delegate authority or to substitute another agent or attorney;
2. The power to sign checks on any bank account for the account of said partnership and to receive any payments due whatsoever for account of said partnership;
3. The power to sign leases, acts of sale, etc. for account of said partnership and/or the four foregoing individuals doing business together.

The power of attorney was recorded in Lafourche Parish in COB 344, folio 394.

On December 6, 1965, and December 22, 1965, L.E. Daviet and Humble Oil and Refining Company, successor of Esso Standard Oil Company, respectively, entered into a second amendment to the original lease agreement. L.E. Daviet, although authorized by a power of attorney, did not sign in a representative capacity and did not attach a copy of the power of attorney to the transaction. This lease amendment purported to release certain property from the original lease and the subsequent amendments. By this amendment, the lessee was also granted the right to renew the lease for an additional fifteen years, commencing June 15, 1989, and ending June 14, 2004. This lease amendment was recorded in Lafourche Parish on January 25, 1966, in COB 347, folio 435. It is this instrument which plaintiff, Martin Fuel Distributors, Inc., seeks to have declared null and void.

By act of sale dated February 24, 1971, L.E. Daviet Co. conveyed the subject property to Larry Dale Sauder and Donna M. Schutt Sauder. The act of sale was recorded on February 25, 1971, in COB 444, folio 163 in Lafourche Parish, together with three acts of power of attorney and a plat.[3] The act of sale provided:

All of which said property or portion of said property may be subject of a lease by L.E. Daviet to the Esso Standard Oil Co., dated June 15, 1944 and recorded in C.B. 111 Page 475, for the records of the clerk of Court, Parish of Lafourche and subject to additional agreements with Esso Standard Oil Co., dated December 22, 1965 and on April 15, 1959.

On April 25, 1979, the Sauders sold the subject property to Sauder Inventions, Inc. The act of sale was recorded in Lafourche Parish in COB 665, folio 499. The act of sale included the same language as quoted above and provided that the property may be subject to the original lease and the extensions of December 22, 1965 and April 15, 1959.

On October 14, 1981, Martin Fuel Distributors, Inc., plaintiff herein, purchased the subject property from Sauder Inventions, Inc. The act of sale was filed in Lafourche Parish on October 19, 1981, in COB 752, folio 108, and included the following language:

Being a portion of the tract of land referred to in Act of Sale from L.E. Daviet Co. to Larry Dale Sauder and Donna M. Schutt Sauder before J.J. Erny, Jr., Notary Public, on February 24, 1971, and duly recorded in C.B.

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496 So. 2d 473, 1986 La. App. LEXIS 7881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-fuel-dist-inc-v-trans-gulf-fuel-inc-lactapp-1986.