McLaurin v. Holley

484 So. 2d 807
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1986
Docket84 CA 1288
StatusPublished
Cited by1 cases

This text of 484 So. 2d 807 (McLaurin v. Holley) 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
McLaurin v. Holley, 484 So. 2d 807 (La. Ct. App. 1986).

Opinion

484 So.2d 807 (1986)

Virginia Wells, wife of/and Robert P. McLAURIN
v.
William H. HOLLEY.

No. 84 CA 1288.

Court of Appeal of Louisiana, First Circuit.

February 25, 1986.

*808 James J. Whittenburg, Slidell, for plaintiffs, appellants.

G. Brice Jones, Slidell, for defendant, appellee.

Before CARTER, SAVOIE and ALFORD, JJ.

CARTER, Judge.

This proceeding involves a dispute over a verbal construction contract.

On July 1, 1977, defendant, William Holley, a contractor, entered into an oral agreement with plaintiffs, Robert and Virginia McLaurin, to build a home on plaintiffs' property located in St. Tammany Parish. Although the contract price of $38,000.00 is not seriously contested, there is considerable conflict over the work which was to have been performed for that price.

Because they did not feel defendant had completed the house, plaintiffs did not pay the entire contract price. Defendant filed three liens against the property for the unpaid balance. As a result, plaintiffs filed a petition to cancel the liens. Included in the petition was a request for damages for breach of contract and unlawful filing of liens.

Defendant answered the suit and reconvened, seeking damages for breach of contract and an award based on quantum meruit for work done on the house in excess of the contract price as per plaintiffs' request.

At trial, Mr. McLaurin testified that defendant was to build the house for the contract price of $38,000.00 according to plans and specifications, which included the following:

1. Buy and install the carpet
2. Buy appliances for kitchen
3. Buy all light fixtures
4. Landscape yard
5. Provide any fill dirt beyond four truck loads.

McLaurin admitted that he and his wife had made certain changes in the house plans, but maintained these changes were made at little extra cost prior to work being actually performed. According to McLaurin, defendant agreed to finish the job within seventy working days, however, after seven months, McLaurin ordered defendant off the job before it was finished. Plaintiffs claim that it cost them approximately $6500.00 to complete the house.

*809 Defendant's version of the arrangement is quite different. He asserts that he originally bid the project for approximately $50,000.00. Since this was more than plaintiffs wanted to spend, defendant agreed to build the house for $38,000.00, provided he would not do finishing work on the upstairs or work on the garage (frame only), and plaintiffs would provide the following:

1. Carpet
2. Appliances
3. Light fixtures
4. Bathroom fixtures
5. Door lock
6. Cabinets
7. All other fixtures

Due to plaintiffs' failure to provide certain materials promised as well as plaintiffs adding extras to the job and making changes after certain work was already completed, defendant claims plaintiffs owe him $17,824.27.

After trial on the merits, the trial judge found that defendant had performed certain work beyond the original contract at plaintiff's request. A judgment was rendered against plaintiffs on the main demand, dismissing their suit,[1] and in favor of defendant for $16,630.00 on his reconventional demand. Plaintiffs appeal this judgment alleging seven specifications of error, as follows:

1. The trial court erred by awarding Mr. Holley the sum of $8,000.00 as additional compensation due under the terms of the contract;
2. The trial court erred by failing to offset the sums due Mr. Holley by the amounts paid to various suppliers who had filed liens;
3. The trial court erred by failing to offset the sums due to Mr. Holley by those amounts which the McLaurins were required to spend to complete the project according to the original plans and specifications;
4. The trial court erred by failing to offset the sums due Mr. Holley by the amounts necessary to complete those items called for under the original contract which were not completed by Mr. Holley;
5. The trial court erred by awarding Mr. Holley compensation for extras which were either not performed by him or were done so without the authorization of the McLaurins;
6. The trial court erred by awarding Mr. Holley judicial interest from date of judicial demand on that portion of the judgment representing compensation for extra work performed by him; and,
7. The trial court erred by awarding Mr. Holley compensation for extra work performed by him in excess of the amount by which the McLaurins were enriched by that extra work.

SPECIFICATIONS OF ERROR NOS. 1, 3 and 4

Plaintiffs maintain that the trial judge erred in awarding $8,000.00, the difference between what was actually paid to defendant and the original contract price. Since the parties stipulated that plaintiffs had paid defendant $30,000.00 for the job, and the contract price was determined by the trial judge to be $38,000.00, simple mathematics supports the $8,000.00 award. Plaintiffs reason, however, that the trial judge should have offset the award by the amount they expended to complete the construction when defendant failed to do so.

Implicit in the trial judge's determination is a factual finding that anything plaintiffs spent on the house after defendant left was in excess of the contract price for things which were not in the original plans and specifications. Also there is the factual finding that defendant did what was called for in the agreement for the construction of the house. Those findings of fact must be affirmed absent a finding *810 of manifest error. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Although the house plans and specifications were introduced into evidence, conflict existed over the agreement as to who would provide certain materials and labor for certain phases of construction and how closely the plans and specifications were to be followed. The trial judge obviously believed that defendant had in fact complied with the agreement. After hearing the testimony and viewing all the evidence, which included bills for material and photographs of the house, the trial judge found that plaintiffs' expenditures to "complete" the house were beyond the scope of the original agreement. Upon our review of that testimony and evidence, we cannot say that his determination was manifestly erroneous.

SPECIFICATIONS OF ERROR NOS. 5 & 7

Plaintiffs argue that it was error for the trial judge to award defendant compensation for the extra work done on the house because such work was not authorized by them. In support of this contention, plaintiffs cite LSA-C.C. arts. 2763 and 2764.[2]

These Civil Code articles set forth certain presumptions which can be applied or rebutted by the evidence presented at trial. As a consequence, our review is limited to the question of whether the trial judge was manifestly erroneous in his factual determination. Arceneaux v. Domingue, supra.

In his reasons for judgment, the trial judge stated:

The Court finds that Holley constructed certain extras and that he is entitled to reimbursement for the extras, plus a reasonable profit. The extras consisted of the following:

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Related

Howell v. Rhoades
547 So. 2d 1087 (Louisiana Court of Appeal, 1989)

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484 So. 2d 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaurin-v-holley-lactapp-1986.