Thompson v. Grantham

489 So. 2d 414, 1986 La. App. LEXIS 6963
CourtLouisiana Court of Appeal
DecidedMay 14, 1986
DocketNo. 85-453
StatusPublished
Cited by4 cases

This text of 489 So. 2d 414 (Thompson v. Grantham) 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
Thompson v. Grantham, 489 So. 2d 414, 1986 La. App. LEXIS 6963 (La. Ct. App. 1986).

Opinion

GUIDRY, Judge.

This suit is one for an accounting between the partners of a dissolved partnership known as Jimmie Thompson Bowling Equipment2 (JTBE). The former partners are James W. Thompson and Mike S. Grantham.

The record reflects that in September 1975, Thompson and Grantham entered into a verbal business arrangement for the purpose of purchasing bowling equipment from Japan and reselling it throughout the United States. It was agreed between the parties that Thompson would negotiate for and secure the necessary financing to purchase the equipment and Grantham would perform all labor necessary in selling and installing the equipment. In consideration of Thompson securing the necessary funds for the business, he was to receive 10% of the net profits, with the remainder of the profits to be divided equally between Thompson and Grantham. This arrangement endured for approximately six years until such time as Grantham requested the dissolution of the partnership. Thompson presumably consented to the dissolution of the partnership. This suit followed when the parties could not amicably agree on an accounting and disbursement of the assets of the partnership.

This suit was originally filed as a declaratory judgment suit by Thompson, who [417]*417sought to be declared the owner of two promissory notes allegedly arising out of JTBE transactions. Grantham answered the suit and reconvened for an accounting of the partnership. Thompson thereafter amended his original pleadings and asked that, if the court should find that a partnership had existed between the parties, Grantham be cast for one-half of all losses that the partnership had suffered and which Thompson had paid.

Shortly following institution of suit, Grantham retained the services of Elmer V. Moore, a certified public accountant, to examine the partnership’s records and furnish him with a report reflecting the assets, receivables and debts of JTBE for the period of September 1975 through March 1982. Pursuant to a Motion to Produce by Grantham, Moore was supplied with the receipts and disbursements journals of JTBE as well as copies of JTBE’s checking account statements and loan ledgers from Rapides Bank and Trust Company of Alexandria. After a serious attempt to reconstruct JTBE’s financial picture, Moore found the journals to be incomplete and erroneous in various aspects, and thus was unable to arrive at an accurate conclusion as to the financial condition of the partnership.

Subsequently, both Grantham and Thompson, through their attorneys, negotiated with Peter M. Staples, a certified public accountant, to reconstruct, as best he could, the financial condition of the partnership over its existence for the purpose of compiling a report reflecting the revenues collected and expenses paid by JTBE.3

Trial of the matter commenced on October 18, 1983, and continued for five days, during which voluminous exhibits were presented to the court and entered into evidence. There were a great number of disputes between Thompson and Grantham concerning the ownership of certain assets, the liability of each for certain debts, withholding of partnership funds and the improper use of partnership funds. The trial court for the most part accepted the reports of Staples as being indicative of the financial standing of JTBE and based its judgment thereon.

On November 16, 1984, the trial judge rendered judgment in the present case finding:

(1) A partnership existed between the parties;
(2) Thompson is entitled to receive 55% of the net profits of JTBE and Grantham is entitled to receive 45% of the net profits;
(3) JTBE received $35,865 in excess of revenue over expenses during its existence;
(4) Neither JTBE nor Grantham owe any rent to Thompson for the rental of a warehouse;
(5) Accounts receivable of JTBE consist of:
(a) A note in the principal amount of $270,000 executed by A-C Group, Inc.;
(b) A note in the principal amount of $50,000 executed by Thomas Dietzler, Antoinette Dietzler, Wilson Baker and Barbara Baker;
(c) Proceeds from the sale of Spanish Trail Lanes, Inc.; and,
(d) Monies in the Registry of the Court totaling $213,285.68.
(6) There are no accounts payable by JTBE;
(7) Thompson is to return to the Registry of the Court $1,995 representing the value of an El Camino which he sold;
(8) Grantham is to return to the Registry of the Court $52,500 which represents commissions received by him;
(9) Grantham is to return to the Registry of the Court $24,967 which represents monies received by him from the sale of Spanish Trail Lanes, Inc.; and,
[418]*418(10) The costs are to be divided equally between the parties.

Based upon the stipulations entered into between the parties, the evidence adduced at trial and the reports submitted by Staples, the trial court found the breakdown of expenses and revenues of JTBE to be as follows:

Revenues Collected:
Stipulated Total. $4,175,368.00
Cost of Sales:
Equipment and Merchandise. $1,455,055.00
Capital and Fixed Assets_ 653,092.00
Total Cost of Goods Sold. $2,108,147.00
Gross Profits . $2,067,221.00
Expenses Paid:
Salaries . $119,076.00
Customs Duty . 89,157.65
Freight. 308,325.00
Extra Help . 32.167.30
Gas and Oil. 65,370.20
Utilities . 6,533.54
Telephone . 19.603.30
Travel. 123,497.40
Supplies. 27,142.62
Repairs & Maintenance. 70,726.37
Advertising. 2,804.35
Advising Fees. 658.33
Interest . 341,431.00
Insurance . 73,888.00
Installation. 508,847.00
Commission. 130,526.25
Legal . 8,867.01
Miscellaneous. 9,883.18
Taxes and License. 56,424.69
Petty Cash. $ 27,740.00
Bank Charges. 845.54
Rent. 600.00
Unexercised option. 1,000.00
Payroll taxes. 6,041.00
Employee advance uncollect 200.00
Total Expenses Paid. $2,031,355.40
Excess of Revenue over Expenses. $ 35,865.60

Both parties have appealed and assign errors allegedly committed by the trial court.

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Bluebook (online)
489 So. 2d 414, 1986 La. App. LEXIS 6963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-grantham-lactapp-1986.