Robichaux v. Boutte

492 So. 2d 521
CourtLouisiana Court of Appeal
DecidedJuly 21, 1986
Docket85-689
StatusPublished
Cited by4 cases

This text of 492 So. 2d 521 (Robichaux v. Boutte) 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
Robichaux v. Boutte, 492 So. 2d 521 (La. Ct. App. 1986).

Opinion

492 So.2d 521 (1986)

Roland ROBICHAUX, et ux, Plaintiffs-Appellees,
v.
Verla Lavergne BOUTTE, et al, Defendants-Appellants.

No. 85-689.

Court of Appeal of Louisiana, Third Circuit.

July 21, 1986.
Rehearing Denied August 13, 1986.
Writ Denied November 7, 1986.

*522 Emile J. Duchamp, St. Martinville, for defendants-appellants.

Hannah & Kaufman, David M. Kaufman, and William Ziegler, Lafayette, for plaintiffs-appellees.

Before STOKER, YELVERTON and BERTRAND,[*] JJ.

STOKER, Judge.

The essential question in this case is whether a vendor of immovable property granted the vendees a right of refusal or an option to purchase certain other property as a part of the conveyance.

The defendants, Lance F. Gauthier and Madeline Champagne Gauthier, appeal a judgment of this court overruling their peremptory exceptions of liberative prescription and nonjoinder of indispensable parties and the granting of the plaintiffs' motion for partial summary judgment. We affirm the judgment of the trial court.

FACTS

By credit deed dated May 19, 1966, the defendant, Verla Lavergne Boutte (now deceased), conveyed to the plaintiffs a 50.83-acre tract of land on Louisiana Highway 347 in St. Martin Parish. In addition to that conveyance of property, the deed provided as follows, that:

"It is understood and agreed that should Vendors and their heirs, at any time in the future, desire to sell and convey the *523 property on which is presently situated their residence and shown on Plat annexed to this sale as `Mrs. George Boutte', that Vendee and his heirs are to be given the first preference in the purchase thereof, that is, upon determination of said sale, the same shall be offered to Vendee and/or his heirs for an amount equal to the highest bonafide [sic] offer received by Vendor and Vendee and his heirs, to be given a period of ten (10) days in which to notify Vendor that they desire to purchase said property at the offered price and upon a rejection of said offer to sell Vendors are not to convey the same at a lesser price without again offering the same to Vendee or his heirs."

Mrs. Boutte also conveyed to plaintiffs any right of repurchase which she may have had with regard to certain property conveyed earlier to Junius Willis. Both the vendor's residence property and the Junius Willis' property consist of tracts located partially in front of the property sold to plaintiffs. Acquisition of either or both of these tracts would increase plaintiffs' frontage.

The consideration recited in the sale was the sum of $30,000, of which $7,000 was paid in cash with the remainder to be paid in 12 consecutive annual installments.

On March 15, 1979 the plaintiffs received a letter from Mrs. Boutte by certified mail which read in pertinent part as follows:

"I have this day received an offer from Mr. Lance Gauthier to purchase my present residence on the terms and conditions as are contained in his letter offer, a duplicate original of which I enclose herewith. As you recall, and in my sale to you of other property owned by me dated June 19, 1966, recorded same date, in Book 546, Folio 363, under No. 135672 of the Conveyance Records of St. Martin Parish, Louisiana, I had agreed that I would not convey my residence to anyone before offering the same to you under the terms and conditions of the highest bonafide [sic] offer which I may receive. I have made no determination to dispose of this property, however, in view of the offer received, you are requested to advise in writing and within ten (10) days as provided for in the above mentioned sale, whether you would be interested in purchasing my property described in said offer for the price and under the terms and conditions set forth in Mr. Gauthier's offer."

The letter was signed by Mrs. Boutte and a copy of the signed offer from Mr. Gauthier was attached.

The plaintiffs did not respond in writing to this letter. On March 28, 1979 Mrs. Boutte sold the property to her nephew, Lance Gauthier, for the stated sum of $20,000, of which $14,000 was paid in cash with the remaining sum due to be paid in 12 semi-annual installments of $500. This balance due was evidenced by a promissory note in the amount of $6,000. In the contract of sale Mrs. Boutte reserved in her favor a usufruct over the property; and the defendants agreed to maintain and repair the property while she and her husband lived there.

PLEADINGS AND PROCEDURAL HISTORY

Thereafter, on March 13, 1980 the plaintiffs filed a petition seeking to have the sale to the Gauthiers rescinded and demanding specific performance of their right of first refusal. The defendants filed an exception of no cause of action which was dismissed. An application for supervisory writs was then made to this Court which was denied. Plaintiffs then filed a supplemental petition seeking damages for inconvenience, mental and physical pain and anguish and disappointment. The defendants reconvened for the same items of damages, but their demand was dismissed on the basis of its prematurity.

Numerous other motions and exceptions were filed with regard to discovery, some of which will be discussed herein. Ultimately, the plaintiffs filed a motion for partial summary judgment limited to the issues of rescission and specific performance. The trial court's granting of the *524 partial summary judgment is the subject of this appeal. After the trial court rendered judgment in favor of the plaintiffs and dismissing the defendants' motion, the defendants filed a motion for rehearing. Defendants also filed peremptory exceptions of prescription and nonjoinder of indispensable parties. The motion for rehearing was granted, but the trial court maintained its judgment in favor of plaintiffs. The exceptions filed by defendants were dismissed by the trial court.

ISSUES ON APPEAL

The issues presented in this appeal are substantially as follows:

1. Was the trial court correct in granting plaintiffs' motion for partial summary judgment;

2. Was the right of first refusal subject to a plea of 10 years liberative prescription; and,

3. Were the heirs of Verla Boutte indispensable parties to this litigation.

Defendants-appellants discuss numerous other issues, which are factual in nature. In light of our affirmance of the trial court's granting of the partial summary judgment, only brief reference will be made to those issues.

THE RIGHT OF FIRST REFUSAL

The trial court's ruling on the validity of the right of first refusal was correct. Defendants maintain that the right granted to the plaintiffs was an option unsupported by consideration, having no specified term, and was therefore invalid as not in accord with LSA-C.C. art. 2462. We disagree with that contention. In dealing with the very same argument in Crawford v. Deshotels, 359 So.2d 118, 121-22 (La.1978), the Supreme Court said:

"Relator's second contention is that, even if the agreement between McDaniel and Crawford is founded upon a valid consideration, the portion of that agreement here at issue, an option, is invalid on other grounds.
The clause of the contract or quitclaim is fully related hereinabove. Pertinently it provides:
"if ever a bona fide offer is made and should [McDaniel] desiring to sell ... [she] is herein obligated to offer to [Crawford] the first chance to buy same at the bona fide offer."

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Bluebook (online)
492 So. 2d 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robichaux-v-boutte-lactapp-1986.