Scott Truck & Tractor Co. of Alexandria v. Daigre

346 So. 2d 1297, 1977 La. App. LEXIS 5104
CourtLouisiana Court of Appeal
DecidedMay 13, 1977
DocketNo. 5991
StatusPublished
Cited by4 cases

This text of 346 So. 2d 1297 (Scott Truck & Tractor Co. of Alexandria v. Daigre) 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
Scott Truck & Tractor Co. of Alexandria v. Daigre, 346 So. 2d 1297, 1977 La. App. LEXIS 5104 (La. Ct. App. 1977).

Opinion

GUIDRY, Judge.

This suit on open account was instituted by plaintiff to recover money allegedly due it for making certain repairs on. a tractor. Defendants are Louis J. Daigre, d/b/a Ri-golette Ranch and A. J. Vangilder. The trial court rendered judgment in favor of the plaintiff and against both defendants, in solido, in the amount of $1,729.34, plus legal interest from June 6,1975, the date of judicial demand. Both defendants appeal. Plaintiff answered the appeals praying that the trial court judgment be modified such that the' principal amount will bear legal interest from August 1, 1974 until paid.

It was stipulated at the time of trial that plaintiff did perform the repair work on the tractor and that the amount due for the work is as set forth on the invoice copy, identified as P-1, in the amount of $1,729.34. Each defendant denies liability and contends that the other is fully responsible to plaintiff for the repair work performed.

The facts show that the tractor in question, which was a small industrial tractor with a front end loader, was owned by the defendant Louis J. Daigre. This tractor, along with other farm equipment Daigre owned, and a 550 acre parcel of land also owned by Daigre, were leased to defendant, A. J. Vangilder. The pertinent lease provisions read as follows:

“2. Daigre will furnish the land and all of the mechanical equipment that he presently owns which is located on the farm as needed for farm purposes.
3. Van Gilder will furnish all other necessary mechanical equipment and all other costs for successfully producing a crop on the above land with the exception of fertilizer and/or lime if required which costs will be born on a share and share-alike basis. Van Gilder (sic) will be totally responsible for all repairs and maintenance on all of Daigre’s equipment that he uses.”

The lease was for the calendar years 1972, 1973 and 1974.

We here note that since neither of the defendants filed third party demands against the other we are without authority to consider any dispute between them as to the ultimate responsibility for the amount due plaintiff under the quoted lease provisions.

The testimony of Charles Breland, the farm equipment service manager for plaintiff, indicates that the tractor in question was brought in for repairs by Vangilder sometime around the middle of June, 1974. At this time a job ticket was made out in Vangilder’s name. Breland stated that Vangilder brought the tractor in for minor repairs, including service for an oil leak. It was admitted by Breland that Vangilder contemplated repairs to the top transmission gasket which would have cost in the neighborhood of $100.00. Subsequently, upon disassembly of the tractor, Breland found the transmission and differential housing was cracked and that the repair would require extensive work. He also discovered there was some pinion gears broken on the rear end of the tractor. Breland [1299]*1299testified that he believed he reported these findings to Vangilder before undertaking this major repair work. He could not, however, recall what Vangilder said in response, nor could he recall exactly who authorized the increased amount of work on the tractor. Breland admitted that he could not give a clear answer in regards to any further contact he had with Vangilder after the latter initially brought the tractor into the shop for repair.

Breland testified that he proceeded to do the additional work on the tractor. The repair work took some two months to complete, the reasons for the long delay being the unavailability of needed parts. Breland stated that on a number of occasions Daigre came into the shop asking why the tractor repairs had not been completed. Breland, who had previously worked on the tractor, knew it belonged to Daigre.

Charles Payne, plaintiff’s vice-president and general manager, testified he spoke with A. J. Vangilder when he first brought the tractor in for repair. Payne admitted that at this time Vangilder contemplated minor repairs to the tractor and only authorized such minor repairs as he thought were needed. Payne stated that it was not until after the more complicated and expensive work was complete did he again have contact with Vangilder. Following completion of the repair work Payne forwarded plaintiff’s bill, dated August 8,1974, to Vangilder. A. J. Vangilder, upon receipt of the bill, called Payne and told him to send the bill to Louis Daigre d/b/a Rigolette Ranch.

Payne testified that Vangilder subsequent to his bringing the tractor into the shop may have come back to check on the progress of the repair. Payne positively testified that Daigre came by three or four times wanting to know if the tractor was complete so that he could get it back out on the job. Payne had several conversations with Daigre concerning the tractor, and although Daigre did not say he would be responsible for the repair, he did tell Payne to get the parts and fix it. When asked whether these conversations with Daigre included the fact that the work would be more expensive than originally anticipated, Payne responded he was quite sure that both Daigre and Vangilder were aware the work to be performed on the transmission housing would be more expensive.

Louis Daigre testified he was the owner of the tractor in question and that this same tractor constituted part of the farm equipment which he leased to Vangilder. He stated that it was upon his repeated insistence that Vangilder took the tractor in for repair. Daigre admitted he had free use of the tractor as long as it did not interfere with Vangilder’s farm operation. The testimony of Daigre reflects that he used the tractor extensively, for such jobs as setting culverts, bush hogging, and building fences. He also stated that he made personal use of the tractor at his residence and camp on several occasions. Jimmy Moore, the principal operator of the tractor was employed by Daigre. Finally Daigre testified that he had frequently checked on the tractor at plaintiff’s to see when it would be finished.

The testimony of Steve Neal, a former employee of Vangilder, reveals that just before the tractor was brought in for repair it was being used by Daigre and Jimmy Moore to build fences. Neal testified that at this time he was temporarily employed by Daigre to work on the fences. He later returned to the employ of Vangilder.

A. J. Vangilder admitted that he told Daigre he would have the minor oil leak in the tractor repaired. Vangilder stated that Daigre wanted the tractor fixed so he could use it to fence in a new tract of land he had just bought. Thinking that the tractor had only a gasket leak, Vangilder stated that he delivered the machine to plaintiff with the needed parts, which included a gasket and clutch, along with a throwout bearing. He stated that after the initial delivery of the tractor no one at plaintiff’s ever had any discussions with him concerning the extent of the repairs to the tractor. It was not until August 8, 1974, when Vangilder received plaintiff’s bill was he aware of the amount of work that had been done. Van-gilder stated that after he brought the trac[1300]*1300tor in he never personally went back to plaintiff’s shop to check on the tractor. He added that in his farming operation he seldom used the tractor.

The trial judge in his written reasons for judgment specifically found that the evidence did not establish that Vangilder authorized the major repairs.

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Lamb v. Lamb
460 So. 2d 634 (Louisiana Court of Appeal, 1984)
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435 So. 2d 580 (Louisiana Court of Appeal, 1983)
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396 So. 2d 480 (Louisiana Court of Appeal, 1981)
Scott Truck & Tractor Co. of Alexandria v. Daigre
351 So. 2d 160 (Supreme Court of Louisiana, 1977)

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346 So. 2d 1297, 1977 La. App. LEXIS 5104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-truck-tractor-co-of-alexandria-v-daigre-lactapp-1977.