Payne v. John Decker Lincoln Mercury, Inc.

812 So. 2d 888, 1 La.App. 3 Cir. 1469, 2002 La. App. LEXIS 872, 2002 WL 460891
CourtLouisiana Court of Appeal
DecidedMarch 27, 2002
DocketNo. 01-1469
StatusPublished

This text of 812 So. 2d 888 (Payne v. John Decker Lincoln Mercury, 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
Payne v. John Decker Lincoln Mercury, Inc., 812 So. 2d 888, 1 La.App. 3 Cir. 1469, 2002 La. App. LEXIS 872, 2002 WL 460891 (La. Ct. App. 2002).

Opinions

AMY, Judge.

The plaintiff appeals the trial court’s determination that she failed to sustain the applicable burden of proof in her suit seeking rescission of the sale of a minivan. For the following reasons, we affirm.

[889]*889Factual and Procedural Background

The plaintiff, Maxie Payne, purchased a 1998 Mercury Villager from the defendant, John Decker Lincoln Mercury, Inc., in June 1998 at a “Coliseum Salé” in Alexandria, Louisiana. She contends that she informed the salesmen that she wanted the minivan in order to install a wheelchair lift for her wheelchair-dependant grandson. Ms. Payne asserts that one of the salesmen assured her that a lift could be installed in the van. As the months went by, Ms. Payne became aware that the minivan was not suitable for a lift.

The record indicates that in November 1998, Ms. Payne sought a new minivan from the dealership due to what she contends were assurances regarding the possibility of installing a lift. The dealership offered to purchase the Villager from Ms. Payne, but she refused the offer as she contends that the figure offered was too low. She also refused an offer to replace the Mercury Villager with a full-sized van of approximately the same year and mileage as the Villager. Ms. Payne explained that she wanted a new van.

A Petition for Rescission of Sale Contract was filed in September 1999, naming John Decker Lincoln Mercury as a defendant. She alleged that “the principle cause of entering into the contract was the ability of the van to be fitted with a wheelchair lift[,]” the salesman assured her that the wheelchair could be fitted with the lift, and that she became aware that the van could not be fitted with a lift. She 1 ¡¡sought rescission of the sale and return of the purchase price, including all related expenses.

Following a hearing, the trial court found in favor of the defendant, concluding that the version of events offered by the plaintiff and witnesses presented on her behalf was unclear as to the occurrence and substance of conversations at the time of the sale. The plaintiff asserts error in the trial court’s determination.

Discussion

The plaintiff contends that the testimony presented at trial indicates that she was informed that the Villager could be equipped with a wheelchair lift. She points to her own testimony indicating that, before purchasing the van from John Decker Lincoln Mercury, she had contacted both the Toyota and Dodge dealerships seeking a van that could be equipped with a lift and that had rear air conditioning and had been informed that those dealerships did not have a minivan that could be so equipped. She testified that she then went to the “Coliseum Sale” in Alexandria and was approached by Cobin Hebert and James Bryant, salesmen for John Decker. She testified that she informed both of them of the need for a lift and that Mr. Bryant assured her that it could be equipped for her needs. Additionally, Ms. Payne’s daughter, Tawanda May, testified that she accompanied her mother on the day of the sale and was present when assurances were made. Ms. Payne also presented the testimony of Colleen Nu-gent, a case worker assigned to Ms. Payne’s grandson, who explained she attempted to assist Ms. Payne in having the van equipped with a lift and then in negotiations with John Decker following the sale. Ms. Nugent testified that, during her conversations with dealership representatives in November 1998, she too was told that the van could be equipped with a lift. In light of this testimony and 13the salesmen’s inability to recall conversations regarding the necessity of a lift, Ms. Payne contends that the trial court’s determination was clearly in error and must be reversed.

The Louisiana Civil Code provides the following guidance with regard to error in the formation of contracts.

Art.1948. Vitiated consent
[890]*890Consent may be vitiated by error, fraud, or duress.
Art.1949. Error vitiates consent
Error vitiates consent only when it concerns a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party.
Art.1950. Error that concerns cause
Error may concern a cause when it bears on the nature of the contract, or the thing that is the contractual object or a substantial quality of that thing, or the person or the qualities of the other party, or the law, or any other circumstance that the parties regarded, or should in good faith have regarded, as a cause of the obligation.

In reasons for ruling, the trial court explained, in part:

As I appreciate the burden in this particular case, Ms. [Payne] has the, the burden of proving, of the course [sic] the standard is by a preponderance, that she was misle[a]d on the principle [sic] cause of this particular contract, into believing that she could receive a lift installed in the size vehicle she had requested. Ahm, that’s about the only thing clear in the whole issue. After that we get into confusion resulting with the discussions that were had and the Court will notice that ah, a point not brought up by either counsel is, the fact that she had been looking at other vehicles, had had discussions concerning lifts in mini vans, ahm, months later can come back to cloud as to who said what, and what conversations were held. That’s one of the factors we look at as to how many different people we talked to. I say that because there were some concerns I have with the relationships between Ms. [Payne] ... and ah, both Mr. Hebert and Mr. Bryant. Ah, there were pieces of discussions ah, that even Mr. Bryant admitted, there were discussions concerning a grandchild that was handicapped. There were also discussions that the handicap issue was one of the primary concerns for rear air, and we needed to circulate back with him because his temperature was so clear. Basically, what I’m saying is, there were lots of differing issues that blended ah, together that can explain or confuse pieces of all the | testimony. In that regard, this is not unlike most trials. I checked the notes, there are no notes in the sales documents, no discussions of who or how a lift would [be] installed, no mention as to sending anything else, there’s no documentation whatsoever concerning ahm, a lift. There is documentation concerning the fact that there are two salespersons, however, page nineteen of Defendant’s Exhibit Five, just list[s] one salesperson. Ah, it lists him by the last four digits of [] his social security number. I don’t have the benefit of knowing whose that was, clearly there was a lead sales person and this one, the Court accepts Mr. Hebert would have the lead, and Mr. Bryant would have been doing the financial matter, ah, that was done after it. Ahm, discussions that were held at the tent sale, ah, seem to be amorphous at best; ah, they, they move from group to group; ah, Tawanda overhearing some, not overhearing others, participating in some: Ms. Payne, ah, some confused as to who they had talked to; even discussions with Mr. Landry, although that was concerning mileage issues only. Ah, again, if the central theme of this was to get a lift, ah, it’s strange that it wasn’t mentioned anywhere else besides that. The fact that there was no mention of misrepresentation that the Court can find until several months after; and I understand it takes a while to start [891]*891finding out that you can’t get this cured.

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Bluebook (online)
812 So. 2d 888, 1 La.App. 3 Cir. 1469, 2002 La. App. LEXIS 872, 2002 WL 460891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-john-decker-lincoln-mercury-inc-lactapp-2002.