Tribou v. Buccola

169 So. 2d 546, 1964 La. App. LEXIS 2108
CourtLouisiana Court of Appeal
DecidedDecember 7, 1964
DocketNo. 1624
StatusPublished

This text of 169 So. 2d 546 (Tribou v. Buccola) 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
Tribou v. Buccola, 169 So. 2d 546, 1964 La. App. LEXIS 2108 (La. Ct. App. 1964).

Opinion

McBRIDE, Judge.

Plaintiff, an electrical contractor, sues defendant Buceóla for $2,620.00 due on a contract whereunder plaintiff agreed to and did perform certain electrical work on four double houses owned by said defendant. Plaintiff seeks to cast the other defendant, Joseph S. Montaldo, as a debtor in solido for said amount, it being alleged in the original petition that Montaldo, “told petitioner that he would pay the Two Thousand Six Hundred Twenty and No/100 ($2620.00) Dollars due petitioner for the said Pleasure and London Avenue electrical work if Mr. Buceóla did not pay same, and if petitioner would proceed to complete those houses with this understanding.” In plaintiff’s amended and supplemental petition, it is alleged that Montaldo, “told petitioner that he would pay the Two Thousand Six Hundred Twenty and No/100 ($2620.00) Dollars due to petitioner for the said Pleasure and London Avenue electrical work; that petitioner had nothing to worry about, that if petitioner would complete the work, ‘we’— the defendants — can borrow One Hundred Thousand and No/100 ($100,000.00) Dollars, and then there will be more than enough for ‘us’ * *

In answer Montaldo denied having agreed to pay for the work. Montaldo specifically denied he had any interest of any kind in the houses upon which the work was done.

After a trial below, judgment was rendered in favor of plaintiff and against Buc-eóla and Montaldo, in'solido, for $1,310.00; further judgment was also rendered against Buceóla alone for $1,310.00. Montaldo appealed.

In January, 1960, there were two contracts existing between plaintiff and Buc-eóla, the owner-builder. Under one of these plaintiff had contracted with Buceóla to perform electrical work on a house situated in Wellington Drive. The Wellington Drive job had been completed by plaintiff, but there was due and unpaid by Buceóla on that contract $672.92. The other contract concerned electrical work to be performed on the premises 1769-71, 1773-75, 1777-79 Pleasure Street and 3416-18 London Avenue. One-half the work under the latter contract had been performed by plaintiff and all electrical wiring had been “roughed-in.” About this time Buceóla was then experiencing financial difficulties and could not pay plaintiff, who not only demanded payment of the $672.92 owed on the Wellington Drive house but also payment for such work as had been done under the other contract. Plaintiff threatened to quit unless such payment was forthcoming. The evidence shows that Buceóla asked plaintiff to accompany him to defendant Montaldo’s office. Montaldo is engaged in the general insurance business. According to Buceóla and Montaldo, the purpose of the visit-to the latter’s office was to have Montaldo verify the fact to plaintiff that Buceóla had applied for a loan on the properties. Plain[548]*548tiff’s testimony is that he did not know exactly why he was taken to Montaldo’s office, hut his impression was he would get some money on his visit there.

Some discussion took place between plaintiff, Buceóla and Montaldo, but the testimony is so confused we are unable to determine with any degree of certainty what was said at the meeting between the three parties. Plaintiff’s testimony is in itself conflicting. Pie stated:

“When he (Montaldo) gave me a check for a piece of property * * * I didn’t even know the man existed * * * Mr. Montaldo he gave me a check for Wellington Drive, which I wired for Mr. Buceóla * * * he paid me that check for Wellington Drive, and then when he gave me a check for $25.00 more pertaining to fixtures on the four properties that anticipate on finishing, and then he tells me right then and there he says, ‘You go finish these properties this week. We only owe so much money on the property, and we can borrow 25,000 just that quick.
‘And I think we owe approximately 40,000. You come here by next Friday and you will have your money. I will see that you get your money.’ ” Word in bracket ours.)
íjí sjt V
“ * * * ‘Don’t worry about your money. Didn’t I pay you for Wellington Drive? I will pay you for these other properties.’ ”
******
“So now I am under the impression I am not working for Mr. Buceóla any more at all. I am working for this man, and I had more faith in this man.”
* * * * * *
«* * * an¿ jle said; ‘We haven’t secured the loans’ * * * or something *• * * ‘yet for the properties, but don’t worry about it.’ ”
í¡í í¡í 5¡í
“I finished the three houses on Pleasure and the one on London because I was under the impression that now I am working for Mr. Montaldo after the man gave me a check and told me he would pay me and there was no question about it.”
* * * ‡ * *
“He said, ‘I will pay you.’ ”

Buceóla states what Montaldo told plaintiff was, “that there was a loan to be made-on the houses that he should get them finished because without them being completed well nobody could get any money.” At another point in his testimony Buceóla stated that Montaldo told plaintiff, “that he would get paid for this job,” and again, “Mr. Montaldo said he would be paid * *• that there was money coming on the jobs and it would be paid.”

Montaldo’s version of the discussion is r

“Mr. Buceóla owed Mr. Tribou some money, and I think all he wanted me to be present for was to verify that he was applying for a loan, and that is about the extent of that conversation.”

Porche, who was a partner of plaintiff at the time of the meeting in Montaldo’s office, testified as plaintiff’s witness, but his testimony is at variance with that of plaintiff. Porche stated that after the conference at Montaldo’s office plaintiff told him Montaldo had, “guaranteed him that he would be paid for the work,” and that Montaldo also had' said, “that he would see to it that we were paid for these houses on Pleasure Street which are in question, and after discussion between Mr. Tribou and myself we decided to go ahead and do this work.”

At the meeting between plaintiff, Buceóla and Montaldo, the latter did write out and signed two checks to plaintiff. From the record, we cannot tell whether the checks-were drawn on Montaldo’s personal banking account or whether they were checks issued by Montaldo as the representative of a corporation. But be that as it may, one of [549]*549the checks spoken of by plaintiff in his above quoted testimony was for $672.92, which represented the balance owed plaintiff by Buceóla on the Wellington Drive property. The second check was for $25.00 and given to plaintiff to purchase electrical fixtures for the Pleasure Street and London Avenue properties.

Montaldo explained his giving the larger check by saying that the Wellington Drive contract had* been bonded (presumably by one of the insurance companies he represented), and he had obligated himself to indemnify the company against any losses and for that reason he paid the balance due plaintiff on said contract.

That there was some discussion at the meeting regarding a loan which had been applied for by Buceóla there is no doubt.

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

Cite This Page — Counsel Stack

Bluebook (online)
169 So. 2d 546, 1964 La. App. LEXIS 2108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tribou-v-buccola-lactapp-1964.