Snelling v. Roman

2007 WY 49, 154 P.3d 341, 2007 Wyo. LEXIS 51, 2007 WL 816805
CourtWyoming Supreme Court
DecidedMarch 20, 2007
Docket06-91
StatusPublished
Cited by13 cases

This text of 2007 WY 49 (Snelling v. Roman) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snelling v. Roman, 2007 WY 49, 154 P.3d 341, 2007 Wyo. LEXIS 51, 2007 WL 816805 (Wyo. 2007).

Opinion

GOLDEN, Justice.

[T1] Ronald Snelling bought land near Story, Wyoming, on which to build a home. He hired Andy Roman to do dirt work at the home site. Snelling was living in Minnesota when most of Roman's work was completed but periodically visited the home site in Wyoming to inspect the progress of the construction. Snelling paid a portion of Roman's bill but, in the end, Snelling decided he was dissatisfied with the excavation work done by Roman and refused to pay the outstanding balance on Roman's bill. Snelling eventually initiated the current action against Roman, generally alleging breach of contract and fraud. Roman counterclaimed, seeking payment for his completed services and material costs. After a bench trial, the trial judge dismissed all of Snelling's claims and granted judgment for Roman on his counterclaims. We affirm.

ISSUES

[12] Snelling designates multiple issues for this Court's consideration:

1. Was it reversible error to dismiss counts I, II and III of plaintiff's complaint all of which were based on defendant's representations that the road to be constructed for plaintiff was to be approximately one-half mile in length when the actual road constructed was 1150 feet long?
2. Was it reversible error to find as fact that the plaintiff had the same information as did defendant as to the length of the road to be built for $35,000.00 where the contract between the parties specified a road to be approximately one-half mile long and where the evidence showed that plaintiff [wlas not in Wyoming when the road was staked and built] by defendant?
3. Was it reversible error for the trial court to award defendant the full amount of his invoice for certain excavation work when the invoice included work done after the plaintiff instructed the defendant to do no further work?
4. Was it reversible error for the Trial Court to award defendant the full amount of his exeavation invoice based on the Trial Court's determination that such amount was reasonable when the Trial Court excluded plaintiff's offered expert testimony as to reasonableness?
5. Was it reversible error for the Trial Court to permit a non-disclosed expert witness to testify over objection that 15 to 24 rocks provided by defendant to plaintiff were worth $12,000.00 when the witness had stated he would have to look more closely at the rocks to value them?
6. Was it reversible error for the Trial Court to find that the amount of plaintiff's black dirt taken by defendant was "insignificant" when there was no testimony or evidence to the amount of black dirt defendant was entitled to in trade for 15 to 24 rocks?

FACTS 1

[18] Snelling is a semi-retired attorney originally from Minnesota. He bought property near Story, Wyoming, in 1999 with the purpose of building a home thereon. Snell-ing and Roman met for the first time on July 13, 2001, at the property site, before any construction had begun. Within a few weeks Snelling and Roman had agreed that Roman would do the dirt work associated with the construction project. A letter agreement written by Snelling, dated August 18, 2001, stated Roman could begin trenching utilities and building a road on Snelling's property from the public road to the area of the proposed home site. Snelling agreed to pay $35,000 for this work. All future dirt work was to be done at Roman's normal work rates. Roman accepted this agreement and began work.

*345 [T4] Roman completed the trenching and the road. The ultimate length of the road was slightly less than a quarter-mile In 'mid-May 2002, Snelling paid Roman the agreed upon $35,000. Roman then commenced the second phase of the dirt work, including excavating the house site, installing a septic system, and constructing a cireular driveway in front of the house. Roman billed Snelling as work was completed. Snelling paid $5,000 as an advance on the work, but then,.in May 2008, Snelling refused to pay the remainder of Roman's bill.

[T5] Roman also supplied Snelling with approximately 20 to 25 feature rocks for landscaping purposes. The initial agreement was to exchange the feature rocks for black dirt on Snelling's property. Roman took about two dump truck loads of black dirt from Snelling's property before the billing dispute arose and Snelling told Roman he could not have any more black dirt,. Roman then billed Snelling $12,000 for the feature rocks. Snelling did not pay this invoice.

[T6] Eventually, Snelling filed the instant action. Though separated into several different claims, the gist of Snelling's allegations was that Roman misrepresented the length of the road and therefore he overpaid for the road, and that other work performed by Roman was substandard and he incurred expenses hiring another contractor to fix the resulting problems. Roman counterclaimed for payment on his outstanding invoices, including work performed, materials and the feature rocks. After a bench trial, the district court ruled against Snelling on all counts and awarded Roman $30,137.90 on his counterclaims. Snelling appeals.

DISCUSSION

Standard of Review

[T7] After a bench trial, we review the trial court's factual findings under a clearly erroneous standard and its legal conclusions de novo. Hansuld v. Lariat Diesel Corp., 2008 WY 165, ¶13, 81 P.3d 215, 218 (Wyo.2003) (citing Rennard v. Vollmar, 977 P.2d 1277, 1279 (Wyo.1999)). We do not substitute ourselves for the trial court as a finder of facts; instead, we defer to the trial court's findings unless they are unsupported by the record or erroneous as a matter of law. Deroche v. R.L. Manning Co., 737 P.2d 332, 336 (Wyo.1987). Although the factual findings of a trial court are not entitled to the limited review afforded a jury verdict, the findings are presumptively correct. Piroschak v. Whelan, 2005 WY 26, ¶7, 106 P.3d 887, 890 (Wyo.2005).

[T8] This Court may examine all of the properly admissible evidence in the record, but we do not reweigh the evidence. Forshee, et ux. v. Delaney, et ux., 2005 WY 103, ¶6, 118 P.3d 445, 448 (Wyo.2005). Due regard is given to the opportunity of the trial judge to assess the credibility of the witnesses. We accept the prevailing party's evidence as true and give to that evidence every favorable inference which may fairly and reasonably be drawn from it. Harber v. Jensen, 2004 WY 104, ¶7, 97 P.3d 57, 60 (Wyo.2004) (quoting Life Care Centers of America, Inc. v. Dexter, 2003 WY 38, ¶7, 65 P.3d 385, 389 (Wyo.2003)). Findings may not be set aside because we would have reached a different result. Harber, ¶7, 97 P.3d at 60 (citing Double Eagle Petroleum & Mining Corp. v. Questar Exploration & Production Co., 2003 WY 139, ¶6, 78 P.3d 679, 681 (Wyo.2003)). A finding will only be set aside if, although there is evidence to support it, this Court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. Mullinnix LLC v. HKB Royalty Trust, 2006 WY 14, ¶12, 126 P.3d 909, 916 (Wyo.2006).

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Bluebook (online)
2007 WY 49, 154 P.3d 341, 2007 Wyo. LEXIS 51, 2007 WL 816805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snelling-v-roman-wyo-2007.