Skretvedt v. Kouri

445 S.E.2d 481, 248 Va. 26, 10 Va. Law Rep. 1441, 1994 Va. LEXIS 80
CourtSupreme Court of Virginia
DecidedJune 10, 1994
DocketRecord 930864
StatusPublished
Cited by10 cases

This text of 445 S.E.2d 481 (Skretvedt v. Kouri) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Skretvedt v. Kouri, 445 S.E.2d 481, 248 Va. 26, 10 Va. Law Rep. 1441, 1994 Va. LEXIS 80 (Va. 1994).

Opinions

JUSTICE COMPTON

delivered the opinion of the Court.

[28]*28This is the saga of a backyard chat between neighbors that mushroomed into an alleged partnership. The arrangement culminated in bitter controversy, during which neither party was able to agree on any material fact about the nature of the relationship or about its financial matters.

In August 1989, appellant Orrin T. Skretvedt, by counsel, filed a bill of complaint against appellee Michael G. Kouri alleging that, in 1983, the plaintiff entered into a partnership with the defendant under the name “Econo Lease.” According to the allegations, each partner was “required to devote his whole time and attention to the business of the partnership,” which was to act as leasing agent of automobiles. The plaintiff alleged that defendant “neglected” to give “attention” to the partnership’s business, but left its management “entirely” to the care of plaintiff.

The plaintiff further alleged that defendant “collected large sums of money from the debtors of the partnership, for which no entries appear on the books of the partnership, and has applied the same to his own individual use.” Also, plaintiff alleged that he feared defendant will take possession of partnership money “and will fraudulently use it outside of the partnership business for his individual profit.”

In the prayer of the bill of complaint, plaintiff asked for appointment of a receiver and that defendant be restrained from dealing with partnership assets. The plaintiff further asked that the partnership be dissolved and that the plaintiff be awarded judgment against the defendant in the amount shown by an accounting, “for failure by the defendant to properly manage and run this partnership” and other acts of negligence and breach of contract.

In his answer, defendant “admits that in 1983 he entered into an arrangement with Skretvedt and that same might originally have been deemed to be a partnership.” Defendant alleged, however, “that subsequent actions of the parties, and particularly actions taken by Skretvedt, tend to negate any inference of the existence of a partnership such that it could be said that no true partnership ever existed.”

Further, defendant denied “that each ‘partner’ was required to devote his whole time and attention to the business of the ‘partnership’ ” and stated “that, from the inception of the ‘partnership’ until its demise shortly thereafter, Skretvedt maintained full time employment elsewhere while Kouri devoted substantially all his [29]*29time and energy to the business of the ‘partnership.’ ” Defendant denied the other allegations of the bill'of complaint, affirmatively asserting defenses of laches and the statute of limitations.

Following denial of defendant’s motion for summary judgment, which was based on the pleas of laches and the statute of limitations, the chancellor entered an amended decree of reference directing a commissioner in chancery: to report whether all interested parties were properly before the court; to report whether a partnership existed or “if in fact the defendant was simply an employee of the plaintiff”; to furnish a full accounting of all partnership funds, if such partnership existed, the accounting to include all assets, liabilities, accounts receivable, and accounts payable; and to report all other matters pertinent to the issues raised.

The commissioner conducted hearings during March and May 1990, at which nine persons testified. In April 1991, plaintiff’s counsel of record withdrew, and the plaintiff has proceeded pro se since then.

In December 1991, the commissioner filed a three-page report. He found that the parties were “involved” in a “partnership arrangement” from March 1983 to June 1984, but that “the terms of the partnership are not capable of exact determination.” The commissioner also performed an accounting and recommended that plaintiff have judgment against defendant in the amount of $17,413.66. The commissioner also recommended that the “parties should share the costs of sorting the claims out because both parties contributed to the disorder of the partnership affairs.”

The plaintiff and the defendant, by counsel, filed extensive and detailed exceptions to the commissioner’s report. In a January 1993 letter opinion, the chancellor, after noting there “are enough facts ... to show a partnership was in effect although it can be argued that there are indicia indicating otherwise,” found, upon review of the record, “that there is basis for all of the commissioner’s findings.” The chancellor requested that a final decree be prepared confirming the commissioner’s report.

The defendant filed a motion to reconsider, to which the plaintiff responded. Upon reconsideration, the chancellor sustained one of defendant’s exceptions to the commissioner’s report. In a March 1993 final decree, the trial court overruled all exceptions, except the one, and ordered judgment in favor of the plaintiff against the defendant in the amount of $8,138.15, plus filing fees of $189.00 and interest on the judgment from the date of entry [30]*30until paid. The court further ordered the parties to share the commissioner’s fee of $4,800.00. Neither the commissioner’s report nor the court’s final decree expressly dealt with the plaintiff’s request that the partnership be dissolved. The plaintiff appeals; the defendant has not assigned cross-error.

The parties’ utterly conflicting evidence will be recited in summary fashion. The plaintiff, a full-time salaried employee of the DuPont Company, “had been doing some reading on automobile leasing,” which he thought “was going to be a wave of the future.” In 1983, looking for “part-time, . . . evening work just to fool around with,” he purchased information on a venture from “a firm called Engage-a-Car that basically was set up to help people lease cars.” By “mid-February” 1983, he had attended leasing “school.” He learned that a neighbor, the defendant, “had sold his business . . . and he wasn’t doing anything.” Plaintiff testified that “one time when we were outside” in the neighborhood, he asked defendant to “come on over and take a look at this Engage-a-Car thing and see what you think about it.” After plaintiff explained “everything” he had learned about the venture, defendant “thought it was a good idea.” Then, according to plaintiff, the parties entered into “some type of verbal agreement.”

According to plaintiff, the parties agreed that he would “take care of the paperwork,” working nights and weekends, while defendant, “a good sales person,” would find individuals, mainly using the telephone, who wished to lease automobiles. Acting “like a broker agency,” they would find a prospective lessee, perform the “paperwork” necessary to “put the lease package . . . together,” arrange to match the customer with the car to be leased, procure the vehicle, and collect a commission “for doing all that.”

The terms of the oral agreement, said the plaintiff, were as follows. The plaintiff had spent about $5,000.00 to learn about the enterprise and to buy “manuals for the customer and that type stuff.” The parties agreed that the initial profits from the arrangement would be used to repay plaintiff for this $5,000.00 “investment” and then “we’ll be partners 50/50.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re: Sonoma Cellar LLC
E.D. Virginia, 2026
Muir v. Navy Federal Credit Union
529 F.3d 1100 (D.C. Circuit, 2008)
Muir v. NAVY FEDERAL CREDIT UNION
484 F. Supp. 2d 3 (District of Columbia, 2007)
Lambert v. Callahan (In Re Lambert Oil Co.)
347 B.R. 508 (W.D. Virginia, 2006)
Grubb v. Grubb
630 S.E.2d 746 (Supreme Court of Virginia, 2006)
Allapattah Services, Inc. v. Exxon Corp.
157 F. Supp. 2d 1291 (S.D. Florida, 2001)
Advanced Marine Enterprises, Inc. v. PRC Inc.
501 S.E.2d 148 (Supreme Court of Virginia, 1998)
Margaret Jane Cryor Gaynor v. Frederick S. Hird, Jr
Court of Appeals of Virginia, 1995
Skretvedt v. Kouri
445 S.E.2d 481 (Supreme Court of Virginia, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
445 S.E.2d 481, 248 Va. 26, 10 Va. Law Rep. 1441, 1994 Va. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skretvedt-v-kouri-va-1994.