Travis v. Hudnall

517 So. 2d 1085, 1987 WL 853
CourtLouisiana Court of Appeal
DecidedOctober 7, 1987
Docket86-856
StatusPublished
Cited by3 cases

This text of 517 So. 2d 1085 (Travis v. Hudnall) 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
Travis v. Hudnall, 517 So. 2d 1085, 1987 WL 853 (La. Ct. App. 1987).

Opinion

517 So.2d 1085 (1987)

William TRAVIS, Plaintiff-Appellant,
v.
Ken HUDNALL, d/b/a S & G Marine, et al., Defendants-Appellees.

No. 86-856.

Court of Appeal of Louisiana, Third Circuit.

October 7, 1987.

Henry H. Lemoine, Pineville, for plaintiff-appellant.

John C. Conine, Luster, Conine & Brunson, Natchitoches, for defendants-appellees.

Before DOMENGEAUX, GUIDRY and DOUCET, JJ.

*1086 DOUCET, Judge.

Plaintiff William Travis instituted this action in redhibition following his purchase of an allegedly defective motor boat. Named as a defendant was Ken Hudnall d/b/a S & G Marine (S & G). Also named as defendants were Blacklake Fiberglass, Inc. (Blacklake) and Cane River Trailers, Inc. d/b/a Cane River Used Boats (Cane River), all business corporations owned by George Riley.[1] Blacklake filed a reconventional demand against plaintiff and Cane River filed a third party demand against Ken Hudnall. Plaintiff appeals from the portion of the trial court judgment dismissing his demands against Blacklake and Cane River. No other party has appealed.

The undisputed facts show that in February 1983, defendant, Ken Hudnall, doing business in Jonesville as S & G, delivered to defendant, Cane River, a 1980 bass fishing boat, together with a 150 h.p. outboard motor, a trolling motor, and a trailer. The boat ensemble was then offered for sale at Cane River. Plaintiff, William Travis, saw the boat at Cane River and agreed to purchase it.

What purports to be a bill of sale was drawn up on a standard form which had no printed heading. The name, address, and phone number of Cane River were written in longhand at the top of the form but it was not designated as "seller." The boat, motors, and trailer were listed, as were plaintiff's name and address. The sale price was $9,000.00 less $2,375.00 for a trade-in, plus tax. George Riley signed the form next to the designation "salesman." This bill of sale was dated February 9, 1983.

On February 24, 1983, an Act of Chattel Mortgage was executed listing the seller of the same boat to plaintiff as S & G Marine. The instrument further listed Ken Hudnall as the seller's representative and was signed by him in that capacity. The instrument was notarized by Hudnall's wife. Plaintiff and his wife signed the instrument later.

Shortly after plaintiff took possession of the boat it began to leak. He eventually returned it to Cane River and Mr. Riley for repairs. Plaintiff also had problems with the boat's trim motor which was repaired by someone other than the defendants. Mr. Riley, as Blacklake, eventually repaired the leak in the boat hull but by that time plaintiff stated that he did not want the boat back. He subsequently filed this suit in redhibition seeking return of the full purchase price, general damages, and attorney's fees.

Following trial on the merits, the district judge found in favor of plaintiff and against Ken Hudnall d/b/a S & G, ordering a reduction in the purchase price of the boat, general damages, and attorney's fees. Plaintiff's demands against Blacklake and Cane River were dismissed after the court found that they were not the sellers. The trial judge made the following findings of fact relevant to the nature of the arrangement between Hudnall and Cane River.

"From a mass of conflicting testimony the court finds the facts to be as follows. Approximately ten days prior to February 24, 1983, Ken Hudnall, who does business as S & G Marine, brought to Natchitoches from his place of business in Jonesville a 1980 model Hydrasport bass boat equipped with a 1983 model 150 horsepower Mariner outboard. He took it to George Riley who did business as Cane River Used Boats, advising him that it was not selling in Jonesville and requesting that he try to sell it in Natchitoches. Mr. Riley and the other principal stockholder in their corporation, Joseph LeBrum, agreed to pay Mr. Hudnall a deposit, keep the boat for two weeks and make a diligent effort to sell it. It was further agreed that if the boat did not sell within two weeks, Hudnall would pick the boat up and return the deposit. Before the two weeks elapsed, the plaintiff, Mr. Travis saw the boat and agreed to buy it. On February 24, 1983 the sale was formally consummated between Hudnall and Travis. The sales price was financed and the check *1087 was endorsed by Hudnall and given to Riley at the time of the sale. The difference between the amount of this check and the deposit previously paid to Hudnall was the commission earned by Riley's corporation for making the sale. The court specifically finds that neither Riley nor his corporation ever owned the boat but instead were agents of Hudnall for the purpose of selling the boat."

On appeal plaintiff cites only one assignment of error, that the trial court erred in finding that there was no sale from Ken Hudnall and S & G to Cane River.

The finding by the trial court that there was no sale is a finding of fact which may not be disturbed on appellate review unless the record furnishes no reasonable factual basis for the finding or it is clearly wrong. Arceneaux v. Domingue, 365 So. 2d 1330 (La.1978).

The facts in dispute concern the nature of the transfer of the boat from S & G to Cane River. Ken Hudnall testified that he had originally sold the boat in question to another party who later traded it back to him. He claimed that he then sold the boat to Cane River which paid for it with a check. He was unable to recall the price paid by Cane River and he claimed that his records, including an invoice listing the boat in question, had been destroyed by water damage. Mr. Hudnall also testified that titles to boat trailers sold to Cane River, including the one in question, were transferred at the time of sale or within thirty days.

Explaining the chattel mortgage instrument, Mr. Hudnall stated that the plaintiff desired financing for the boat through Finance America, a company which normally finances boats for S & G customers. Cane River was not a registered dealer for Finance America and Hudnall claimed that Mr. Riley asked him to sell the boat through S & G so that plaintiff could obtain the desired financing. Thus he claimed, solely as a favor to Mr. Riley, he agreed to this arrangement. He and his wife met with Mr. Riley and Mark Poole of Finance America whereupon he signed the chattel mortgage instrument and endorsed the check over to Mr. Riley. Mr. Hudnall testified that he was not the owner of the boat in question at the time it was sold to plaintiff nor was he the seller.

George Riley testified that Cane River never purchased the boat from Mr. Hudnall. He admitted that Mr. Hudnall contacted him and offered to sell the boat to him, however, he claimed that he thought Mr. Hudnall was asking too much for the boat and agreed instead to try to sell it for him. He testified that he gave Mr. Hudnall the check, for an amount he remembered as being $7,000 or $8,000, as a deposit, with the understanding that if he could not sell the boat within two weeks, Mr. Hudnall would take the boat back and return the money to him.

Mr. Riley further testified that the boat was sold to plaintiff and he kept the proceeds from that sale as well as those from the sale of plaintiff's trade-in. He stated that he received no paperwork on the boat, motors, or trailer when Mr. Hudnall left the boat with him. He denied that he asked Mr. Hudnall to sell the boat through S & G so that plaintiff could get the financing he desired. He did remember that the plaintiff told him that he

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Cite This Page — Counsel Stack

Bluebook (online)
517 So. 2d 1085, 1987 WL 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travis-v-hudnall-lactapp-1987.