Mitchell v. Fradella

628 So. 2d 1198, 1993 WL 503717
CourtLouisiana Court of Appeal
DecidedDecember 8, 1993
Docket93-493
StatusPublished
Cited by5 cases

This text of 628 So. 2d 1198 (Mitchell v. Fradella) 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
Mitchell v. Fradella, 628 So. 2d 1198, 1993 WL 503717 (La. Ct. App. 1993).

Opinion

628 So.2d 1198 (1993)

Floyd Enyart MITCHELL et al., Plaintiffs-Appellees,
v.
Casey FRADELLA, Defendant-Appellant.

No. 93-493.

Court of Appeal of Louisiana, Third Circuit.

December 8, 1993.

*1199 James Guenard Bethard, Coushatta, for Floyd Enyart Mitchell et al.

Frank Thomas Fradella, Metairie, for Casey Fradella.

Before LABORDE, COOKS and DECUIR, JJ.

LABORDE, Judge.

Defendant, Casey Fradella, appeals a judgment awarding plaintiffs ownership of his John Deere tractor as payment for an oral lease existing between plaintiffs and defendant. We affirm the trial court's judgment, but amend the damage award to exclude amount awarded for attorney fees.

FACTS

On October 1, 1989, defendant Casey Fradella entered into an agreement to lease property in Natchitoches parish, formerly known as "Del Acres," consisting of approximately ten acres, a horse barn and living quarters. From October 1989 through March of 1990, defendant paid his rent by making repairs, maintaining the premises, and paying utilities on the property.

Beginning in April 1990, the parties verbally agreed to rent of $400.00 per month *1200 plus the payment of all utilities. Defendant was injured in a riding accident and failed to make any rental payments to the plaintiffs for the period from April 1990 through December 1990. In lieu of rent, plaintiffs agreed to accept defendant's 1010 John Deere Tractor as payment for the debt. Rent owed for this nine month period totalled $3600; the value of the tractor was $3200. Plaintiffs agreed to accept the tractor from Fradella as payment in full for the period from April to December of 1990.

Defendant abandoned the property in late December 1990 without paying rent or utilities, and took the tractor with him. Plaintiffs filed suit February 6, 1991, demanding return of the tractor and seeking damages for conversion of the tractor as well as their loss of its use. In the alternative, plaintiffs requested damages of $3,200.00 for rent, plus the amount of utilities used by the defendant but not paid. Plaintiffs also prayed for court costs and judicial interest from date of judicial demand.

Defendant filed a reconventional demand, claiming that plaintiffs breached an agreement between the parties to create a "First Class Equestrian Facility." According to Fradella, plaintiffs agreed to provide all material for additions, remodeling, maintenance and upkeep of the facility. Fradella claims that plaintiffs' breaches entitle him to compensation for the labor he expended to maintain the property, plus damages of $885,180.00 for the business opportunity he claims was lost due to plaintiffs' actions.

The trial court awarded plaintiffs damages in the amount of $6,515.25 plus legal interest: $1,200 for expenses incurred in plaintiff's Christmas tree farm; $1,280 for depreciation of the tractor; $540 for interest on a loan money used to purchase a new tractor to replace the one defendant appropriated; and $3,495.25 for inconvenience, time devoted to litigation and costs in successfully litigating this case. The court dismissed Fradella's reconventional demand with prejudice.

Defendant assigns as error the following:

1. denial of defendant's exception of no cause of action;
2. denial of defendant's request for a jury trial;
3. exclusion of defendant's expert testimony;
4. trial court's awarding of damages not plead, including attorney's fees; and
5. granting of plaintiff's motion to strike specific monetary amounts from defendant's reconventional demand.

ASSIGNMENT OF ERROR NUMBER ONE

The trial court dismissed defendant's peremptory exception of no cause of action, giving rise to Fradella's first assigned error.

The purpose of an exception of no cause of action is to determine the sufficiency in law of the petition and is triable on the face of the papers; for the purpose of determining the issues raised by this exception, the well pleaded facts in the petition and any annexed documents must be accepted as true. Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984); Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Eschete v. City of New Orleans, 258 La. 133, 245 So.2d 383 (1971).

Kuebler v. Martin, 578 So.2d 113 (La.1991). According to Young v. Central Louisiana Legal Services, 432 So.2d 1072 (La.App. 3 Cir.1983), the peremptory exception of no cause of action tests the sufficiency in law of plaintiff's petition to allow recovery by anyone against defendant, as opposed to the exception of no right of action, which tests whether a particular plaintiff enjoys a given right in a certain set of circumstances. The exception must be overruled unless the allegations affirmatively establish that under no facts admissible under the allegations of the petition does the plaintiff have a cause of action; any doubts must be resolved in favor of the sufficiency of the pleadings to state a cause of action. Id. at 1074.

On appeal, an exception of no cause of action should be sustained only if it is clearly shown that, based on the well-pleaded allegations *1201 of fact contained in the petition, the law affords no one a remedy for the grievances alleged, under the circumstances alleged, under any theory of the case. Williams v. Hattan, 594 So.2d 977 (La.App. 3 Cir.), writ denied, 600 So.2d 606 (La.1992).

In the present case, the petition does allege a cause of action upon which a remedy may be granted. The complaint alleges that an oral lease existed between the parties which was breached by the defendant. LSA C.C. Art. 2683 states that leases may be made either by written or verbal contract. LSA C.C. Art. 2670 lists the three requirements for a lease: thing, price and consent.

The petition designates the leased property as "Del Acres" located in Natchitoches Parish off Waterwell Road, and describes it as comprising approximately ten acres, and which includes a horse barn and living quarters, thus satisfying the first requirement.

The price element is also contained in the petition. Defendant was to pay for the lease by making repairs, paying for upkeep, maintaining the premises, and paying utilities from October 1989 through March 1990. From April 1990 through December 1990, defendant was to pay $400.00 per month plus utilities.

Finally, plaintiffs alleged defendant consented to the lease. A contract is formed by the consent of the parties established through offer and acceptance; offer and acceptance may be made orally, in writing, or through actions or inactions clearly indicative of consent. C.C. 1927. Plaintiffs' petition states that defendant originally entered into an oral lease to rent Del Acres in exchange for work, subsequently amended the lease to pay $400 per month to continue the lease, and after becoming unable to pay this modest sum requested that plaintiffs accept his tractor as payment of the lease. Plaintiffs therefore alleged that defendant consented to the lease through his agreement to exchange his tractor for payment of the lease obligation and also through his use of the property.

The trial court did not err when it overruled defendant's exception of no cause of action. Plaintiff's petition does allege a cause of action upon which a remedy may be granted.

ASSIGNMENT OF ERROR NUMBER TWO

Next, Fradella claims he was entitled under LSA C.C.P. art.

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Bluebook (online)
628 So. 2d 1198, 1993 WL 503717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-fradella-lactapp-1993.