Service Steel v. Guinn's Trailer Sales

850 So. 2d 902, 2003 La. App. LEXIS 1852, 2003 WL 21460099
CourtLouisiana Court of Appeal
DecidedJune 25, 2003
Docket37,291-CA
StatusPublished
Cited by3 cases

This text of 850 So. 2d 902 (Service Steel v. Guinn's Trailer Sales) 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
Service Steel v. Guinn's Trailer Sales, 850 So. 2d 902, 2003 La. App. LEXIS 1852, 2003 WL 21460099 (La. Ct. App. 2003).

Opinion

850 So.2d 902 (2003)

SERVICE STEEL AND PIPE, INC., Plaintiff-Appellant,
v.
GUINN'S TRAILER SALES, INC., Defendant-Appellee.

No. 37,291-CA.

Court of Appeal of Louisiana, Second Circuit.

June 25, 2003.

*903 Lynn E. Estes, Jr., Shreveport, for Appellant.

Norman I. Lafargue, Shreveport, for Appellee.

*904 Before PEATROSS, DREW and KOSTELKA (Pro Tempore), JJ.

PEATROSS, J.

This appeal arises from a trial court judgment in favor of the defendant, Guinn's Trailer Sales, Inc. ("Guinn's Trailers")[1], and against the plaintiff, Service Steel and Pipe, Inc. ("Service Steel"). Plaintiff now appeals the judgment of the trial court. For the reasons stated herein, we affirm.

FACTS

In 1998, Nabors Trailers of America, LLC ("Nabors LLC")[2], located in Mansfield, Louisiana, contracted to buy steel from Service Steel. Subsequently, Nabors LLC submitted to Service Steel an order to buy certain steel products. Mike Waters ("Waters"), a salesman for Service Steel, presented the order to Vicki Wallace ("Wallace"), the credit manager for Service Steel, for approval. Wallace refused to open a credit account for Nabors LLC because she did not receive any credit information about the company. Waters then called Nabors LLC and informed them of the situation.[3] Following Waters' phone call, Nabors LLC faxed to him the credit information for Guinn's Trailers.[4] Waters does not know who faxed him this credit information, but he did submit it to Wallace and she approved the opening of a credit account in the name of Guinn's Trailers.[5] All orders by Nabors LLC were thereafter charged to this account. Later, Wallace admitted at trial that she had not spoken to Charles Guinn, Sr. ("Guinn, Sr."), Charles Guinn, Jr. ("Guinn, Jr."), or any of the company officers at Guinn's Trailers or Nabors LLC about setting up the account in the name of Guinn's Trailers. She testified that the only contact she made with Guinn's Trailers was when she spoke to the receptionist at Guinn's Trailers in Nashville who told her that all invoices for the account at issue should be sent to Nabors LLC in Mansfield.

After making some purchases from Service Steel, Nabors LLC eventually began falling behind in its payments. Ultimately, Nabors LLC had an outstanding balance with Service Steel of $85,019.34. In an attempt to collect the debt owed, interest and attorney fees, Service Steel filed a lawsuit against both Guinn, Sr.[6], in his individual capacity, and Guinn's Trailers, because the credit account for Nabors LLC was established in the name of Guinn's Trailers. Later, both Guinn, Sr. and Nabors LLC filed for bankruptcy protection. The petition was filed in 2000 and Guinn, Sr. filed for Chapter 7 bankruptcy protection in June 2001; thus, Guinn's Trailers is the only defendant now remaining *905 in this case. A trial on these matters began in June 2002.

At trial, Guinn's Trailers argued that it never opened a credit account with Service Steel. Guinn, Jr., as President of Guinn's Trailers, testified at trial that neither he nor anyone at his company was contacted by representatives of Service Steel regarding the opening of an account at Service Steel in the name of Guinn's Trailers. He indicated that he was not aware that such an account had been opened until this lawsuit was filed. In addition, Sam Derrick, controller for Nabors LLC, testified that the account with Service Steel was a Nabors LLC account and he was unaware that the invoices submitted by Service Steel to Nabors LLC were in the name of Guinn's Trailers.

Guinn, Sr. testified that it was never his intent to open an account with Service Steel in the name of Guinn's Trailers. He did testify, however, that, during the time he was setting up his company, Nabors LLC, he circulated the credit information for Guinn's Trailers to various vendors so they would know something about his background and accomplishments with the company he previously ran as President. Guinn, Sr. also indicated that he never opened an account with anyone under the name of Guinn's Trailers and that he was not authorized to act for Guinn's Trailers.

Guinn, Jr. testified that he had no knowledge of his father using Guinn's Trailers' credit information in any attempt to obtain credit for Nabors LLC and that, if he had known about it, he would have opposed the information being used in that manner. He also confirmed that Guinn, Sr. did not have authority to open an account for Guinn's Trailers with Service Steel and that Guinn's Trailers never adopted a corporate resolution authorizing Guinn, Sr. to open an account. Finally, he testified that he was not contacted by Service Steel either when the account was opened or later when it became past due; and, as previously stated, he did not become aware of this account until this lawsuit was filed.

At the conclusion of the trial, the trial judge found in favor of Guinn's Trailers. The trial judge concluded that Guinn, Sr. was not an officer of Guinn's Trailers; he had no authority to act for Guinn's Trailers; Guinn's Trailers was not a co-obligor with Nabors LLC; there was no evidence that Guinn, Jr. knew that Service Steel opened an account in the name of Guinn's Trailers; there was not a scintilla of evidence to suggest clear intent of Guinn's Trailers to guarantee the payment of the account; and no suretyship agreement existed between Service Steel and Guinn's Trailers. Service Steel now appeals, raising the following assignment of error (verbatim):

The trial court erred as a matter of law in ruling in favor of Guinn's Trailer Sales, Inc. when the evidence adduced at trial and the factual findings made by the trial judge are such that the controlling case law from this Court of Appeal dictates an opposite result.

DISCUSSION

It is well settled that a court of appeal may not set aside a trial court's finding of fact in the absence of "manifest error" or unless it is "clearly wrong;" and, where there is a conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. Rosell v. ESCO, 549 So.2d 840 (La.1989). If the trial court findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even though convinced that had it been *906 sitting as the trier of fact, it would have weighed the evidence differently. Id. Where there are two permissible views of the evidence, the fact finder's choice between them cannot be manifestly erroneous or clearly wrong. Id.

Imputed Knowledge

Service Steel argues that Guinn, Sr. deliberately attempted to establish an account for Nabors LLC in the name of Guinn's Trailers and that he had authority from Guinn's Trailers to open such an account and to act on behalf of Guinn's Trailers; thus, Guinn's Trailers is now liable for the debt owed by Nabors LLC. The trial judge found that there was not sufficient evidence for him to infer or conclude that Guinn, Jr. knew about the actions of Guinn, Sr.; and, therefore, he could not impute knowledge to Guinn, Jr. and Guinn's Trailers. We agree.

First, the record does not support the contention that Guinn, Jr. knew about Guinn, Sr.'s use of Guinn's Trailers' credit information. As previously stated, Guinn, Jr. testified that he did not know about the actions of Guinn, Sr.

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Cite This Page — Counsel Stack

Bluebook (online)
850 So. 2d 902, 2003 La. App. LEXIS 1852, 2003 WL 21460099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/service-steel-v-guinns-trailer-sales-lactapp-2003.