Metzler v. Rising T Racing Stables

461 So. 2d 1219
CourtLouisiana Court of Appeal
DecidedDecember 28, 1984
Docket83 CA 1363 to 83 CA 1365
StatusPublished
Cited by2 cases

This text of 461 So. 2d 1219 (Metzler v. Rising T Racing Stables) 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
Metzler v. Rising T Racing Stables, 461 So. 2d 1219 (La. Ct. App. 1984).

Opinion

461 So.2d 1219 (1984)

Paul J. METZLER
v.
RISING T RACING STABLES and Robert Harvey.
Paul J. METZLER
v.
RISING T RACING STABLES and Robert Harvey.
RISING T STABLES, INC.
v.
Mr. & Mrs. Paul J. METZLER.

Nos. 83 CA 1363 to 83 CA 1365.

Court of Appeal of Louisiana, First Circuit.

December 28, 1984.

*1220 Paul Metzler, in pro. per.

William V. Courtney, Covington, for defendants, appellees in Nos. 83 CA 1363 and 83 CA 1364 and for plaintiffs-appellees in No. 83 CA 1365.

Before GROVER L. COVINGTON, C.J., and LOTTINGER and JOHN S. COVINGTON[*], JJ.

JOHN S. COVINGTON, Judge Pro Tem.

This litigation involves three consolidated suits relating to a predial lease of an eight acre horse farm in St. Tammany Parish. Paul J. Metzler (Metzler), owner-lessor, filed a petition for writ of injunction (Docket # CA-83-1363 of this Court) on August 24, 1981; a temporary restraining order was issued August 26, 1981 and a show cause hearing set for October 13, 1981 on the requested preliminary injunction. Rising T Racing Stables, Inc. (Rising T) and Robert Harvey (Harvey), defendants-lessees, *1221 on September 2, 1981, filed a petition for a concursus in the suit for injunction and deposited the rent for August and September, 1981, amounting to $1,110, into the Registry of the Court.

On September 16, 1981 Metzler filed a rule to evict tenant (Docket # CA 83 1364 of this Court). On October 9, 1981 Rising T and Harvey filed a peremptory exception to the rule, scheduled for October 13, 1981. Defendants in the eviction suit also filed an answer to rule to evict on October 12,1981.

On October 7, 1981, Rising T. and Harvey filed its own petition for injunction to prevent eviction until deposit returned in Metzler's initial suit for injunction and the rule to show cause was also scheduled for hearing on October 13, 1981.

On October 13, 1981 Rising T filed suit against Metzler for damages based on breach of contract; Metzler reconvened, also seeking damages for breach of contract. (Docket # CA 83 1365 of this Court).

Before the rule in CA 83 1363, Metzler's injunction suit, could be heard improvements made on the farm by Rising T were actually removed from the leased premises, thus the rule was dismissed. Before Metzler's rule to evict and Rising T's rule for injunction to prevent eviction (in CA 83 1364 and CA 83 1363 respectively) could be heard, Rising T vacated the leased premises on June 18, 1982.

On December 22, 1981 Judges John W. Greene and James Strain granted Metzler's motion for consolidation of the three separate law suits. The suits were tried before Judge Greene on two separate days, namely November 3, 1982 and January 5, 1983.

The trial judge took the matter under advisement and on April 28, 1983 he rendered detailed Reasons for Judgment. He concluded that the eviction suit was rendered moot by Rising T and Harvey having vacated the leased premises on June 18, 1982 and Metzler's suit seeking an injunction prohibiting the removal of improvements consisting of additions and structures had been dismissed on Metzler's motion without prejudice.

The court's Reasons for Judgment were addressed to the suit for breach of contract initiated by Rising T and Harvey and Metzler's reconventional demand, the Court stating "the issues in this suit [Docket # CA 83 1365] are still viable." Bracketed material supplied.

One judgment was rendered in the three consolidated cases and signed on May 12, 1983. The court granted judgment in favor of Rising T against Paul Metzler and Mary Ann Metzler in the amount of $28,231.33 in the main demand and granted judgment in favor of Paul Metzler and Mary Ann Metzler against Rising T and Robert Harvey jointly and in solido in the amount of $10,957.41 in their reconventional demand. The judgment further ordered that funds deposited by Rising T and Harvey into the Registry of the Court be released to Rising T and credited against the $28,231.33 awarded Rising T[1].

Metzler timely filed an application for new trial. It was denied and Metzler filed a timely application for suspensive appeal. Rising T and Harvey neither appealed the May 12, 1983 judgment nor answered Metzler's appeal.

JUDGMENT

Of the $28,321.33 awarded Rising T and Harvey, $24,655.33 represented loans to Metzler by Rising T and Harvey, $2,500 represented interest payments made to Metzler to pay interest on his Production Credit Association (PCA) second mortgage loan, and $1,056 represented the deposit posted with the real estate agency in connection with the Agreement to Purchase or Sell and withdrawn by Metzler with Rising *1222 T's and Harvey's permission. Of the $10,957.41 awarded Metzler, $85 was for labor costs expended in reconstructing a fence, $764 was for estimated cost of repairs to the dwelling house, $754.61 was to replace carpet, mirrors, and a stove broken or ruined, and $133.80 was for cleaning carpets and repairing the trash compactor. The Court did not allow anything for the dismantled and removed improvements consisting of a pole barn, wooden fences, and a horse walker placed on the leased premises by Rising T and Harvey. Rising T's demand to be reimbursed the costs of constructing a road and excavating a stock pond and cultivating raw acreage to make it pasture land was denied.

Court costs were assessed against plaintiffs and defendants equally.

FACTS

Testimony and documentary evidence established that Rising T made a formal offer on April 21, 1980 to purchase Metzler's eight acres and improvements on or before June 1, 1981 for $119,000 provided Rising T could secure a mortgage loan "at a rate of interest not to exceed 14% per annum, interest and principal payable over a period of not less than 25 years" and provided further that "purchaser will pay discount points not to exceed 2% percent of the mortgage approved for the purchase of subject property." The agreement to Purchase or Sell, accepted by Metzler on April 21, 1980 called for "occupancy/possession as leasee (sic) 5/1/80, as owner 6/1/81" and referred to "attached lease" on the same line of the Agreement to Purchase or Sell. The attached document was styled "Lease for Use with Agreement or Option to Purchase" and provided the term of the lease to be from May 1, 1980 through May 31, 1980[†] the monthly rental of $500, payable in advance on the first of each month, was fixed for the duration of the lease. The Agreement to Purchase or Sell contained the handwritten stipulation that the purchaser "be allowed to make improvements to property." The lease provided that "any additions made to the property by the Lessee shall become the property of Lessor at the termination of this lease unless the property is purchased by the Lessee."

By letter dated May 15, 1981, Rising T and Harvey informed Metzler that "since I have been unable to obtain financing under the terms of the contract, the sale will not be possible" and that "I am agreeable to continue to lease this property" on the basis of a stated preference of "a month to month renewable lease."

Between May 15, 1981 and around the first of June, 1981 Metzler and Harvey met with Production Credit Association's (PCA) manager and an agreement was reached that if Metzler paid $5,000 to PCA every three months until the quarterly payments on the PCA second mortgage totaled $40,000 PCA would refrain from foreclosing. Harvey agreed to fund the quarterly payments of $5,000 each and continued to pay Metzler's interest payments on the PCA mortgage in addition to the monthly rental and insurance.

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Related

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Bluebook (online)
461 So. 2d 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metzler-v-rising-t-racing-stables-lactapp-1984.