Twin City Pontiac, Inc. v. Pickett

588 So. 2d 1125, 1991 La. App. LEXIS 1065, 1991 WL 250622
CourtLouisiana Court of Appeal
DecidedMay 8, 1991
Docket22,307-CA
StatusPublished
Cited by9 cases

This text of 588 So. 2d 1125 (Twin City Pontiac, Inc. v. Pickett) 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
Twin City Pontiac, Inc. v. Pickett, 588 So. 2d 1125, 1991 La. App. LEXIS 1065, 1991 WL 250622 (La. Ct. App. 1991).

Opinion

588 So.2d 1125 (1991)

TWIN CITY PONTIAC, INC., Plaintiff-Appellee,
v.
Michael PICKETT, Defendant-Appellant.

No. 22,307-CA.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1991.

*1126 Walker & Walker by C. Douglas Walker, for defendant-appellant.

Thomas H. Fowler, Jr., for plaintiff-appellee.

Before LINDSAY, BROWN and STEWART, JJ.

STEWART, Judge.

Defendant, Michael Pickett, appeals from a judgment which ordered him to pay an additional $2,000 on the purchase price of a motor vehicle bought from plaintiff, Twin City Pontiac, Inc., asserting the trial court erred in doing so and in dismissing his reconventional demand. We affirm.

FACTS

Michael Pickett and his wife shopped for a new Jeep Cherokee at Twin City Pontiac, Inc. on Friday, July 28, 1989. After test driving the Jeep, the Picketts asked Twin City's salesman, David Wiltcher, for his "best price deal." Wiltcher took them to his office and quoted a cash sale price of $19,442 less a $1,000 rebate discount. Pickett then indicated he would trade his 1983 Oldsmobile for $2,700. Wiltcher wrote up the sales contract, allowing for the trade-in and adding sales tax. In doing so, he treated the "9" in the $19,442 figure as a "7" which created a $2,000 error in Pickett's favor. Wiltcher then figured sales tax on a total (after trade-in) of $14,742. But for the treatment of the "9" as a "7" in the $19,442 price, this figure would have been $16,742. The Picketts left Twin City but returned to Wiltcher's office approximately an hour later and agreed to the amounts previously quoted.

Wiltcher took Pickett to the business manager, Dwight Hazelwood. It was Hazelwood's job to check the figures on rebates, taxes, and license fees and to sell service contracts. After making some changes on the contract, Hazelwood arrived at a total cash due amount of $15,270.52. Pickett paid for the Jeep with a $15,000 cashier's check and a $270.52 personal check. At Pickett's request, Hazelwood wrote "paid in full" on Pickett's copy of the contract. Pickett signed other documents including a blank "VEH" form required to obtain permanent vehicle tags, gave Wiltcher the keys to his 1983 Oldsmobile, and left in the Jeep on July 28, 1989.

Carey Zeigler, the general sales manager, saw the $2,000 mistake and notified Wiltcher and Hazelwood of the error. They tried unsuccessfully to contact Pickett by phone on Saturday, July 29, 1989. When Pickett came to the dealership on Monday, July 31, 1989, to give them the title to his trade-in, Hazelwood and Zeigler requested that Pickett pay the $2,000 or return the Jeep and rescind the sale. Pickett refused, signed the title, threw it on a desk, and quickly left the dealership.

Twin City subsequently sent Pickett a filled-in VEH form for his signature. Because this VEH form showed a sales price of $19,442, Pickett, upon advice of counsel, refused to sign the form. Twin City did not fill in and use the blank form signed on July 28. Consequently, Twin City did not request permanent tags for the Jeep. Twin City thereafter provided temporary tags to Pickett several times. At the time of trial, Pickett had not obtained permanent license plates. Pickett filed a reconventional demand for damages sustained because Twin City had failed to send in the sales tax to the state of Louisiana and obtain permanent tags for the vehicle. He alleged that it was an unfair trade practice for the dealership to refuse to send in the tax, thus causing penalties and interest to accrue.

The trial court rendered judgment for Twin City, finding a valid sales contract for $19,442. The trial court dismissed Pickett's reconventional demand, holding that *1127 Pickett refused to rescind the sale at his own risk and that by refusing to sign the second VEH form, he was just as much at fault for the vehicle tag situation as was Twin City. Pickett appeals the judgment.

DISCUSSION

We shall first address the issue of whether the trial court was clearly wrong in finding agreement as to the thing (the Jeep) and the price ($19,442) less the $1,000 rebate and the $2,700 trade-in.

The contract of sale is an agreement by which one gives a thing for a price in current money, and the other gives the price in order to have the thing itself. Three circumstances concur to the perfection of the contract, to wit: the thing sold, the price, and the consent. LSA-C.C. Art. 2439. The thing sold is acquired by the purchaser upon agreement on the object and the price, irrespective of whether there has been delivery or payment. LSA-C.C. Art. 2456. The price of the sale must be certain, serious, and representative of the value of the things sold. LSA-C.C. Art. 2464.

A party who demands performance of an obligation must prove the existence of the obligation. A party who asserts that an obligation is null, or that it has been modified or extinguished, must prove the facts or acts giving rise to the nullity, modification, or extinction. LSA-C.C. Art. 1831. The question of whether the evidence offered by a party corroborates his claim is a finding to be made by the trier of fact and that finding is not subject to reversal unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989); Shreveport Great Empire Broadcasting, Inc. v. Chicoine, 528 So.2d 633 (La.App.2d Cir. 1988).

Pickett argues that either a valid contract exists at a $14,742 price or, in the alternative, he did not consent to the $19,442 figure. He urges that he never saw the figures on the sales contract and was unaware of any figure except the bottom line price of $15,270.52 inclusive of taxes and fees. However, Twin City asserts that the $19,442 price was quoted to Pickett before any deductions were made and that there was simply an arithmetical error when the $2,700 was subtracted from the sales price of $19,442, leaving the balance shown as $14,742 instead of $16,742.

The trial court found that Twin City proved the existence of a perfected sale and that Pickett failed to prove the contract null, modified, or extinguished. The court stated in its reasons for judgment "the basic question here is whether there is a sale of this ... jeep automobile, this Cherokee Jeep. Pickett admits in his answer that there was a sale, the only thing then at issue is what was the price." The court found a sale based on an agreement as to the thing (the Jeep) and the price ($19,442 less $1,000 rebate and $2,700 for the trade-in), as evidenced by the original sales contract. The trial court accepted that Wiltcher quoted to Pickett a cash price of $19,442 less the $1,000 rebate before there was any discussion of trade-in, and that the trade-in allowance of $2,700 was discussed before and agreed to after Pickett returned to the dealership.

The trial court apparently believed that Pickett was aware or should have been aware of the error in light of the originally quoted price of $19,442 and the subsequent discussions as to the value of his trade-in. The trial court accepted as a fact, based upon his perception of the credibility of the witnesses, that the $2,000 subtraction error occurred after Pickett knew of and had agreed to the quoted price of $19,442 less the rebate and trade-in allowance. We find no manifest error in the trial court's factual determinations.

Having found no manifest error in the trial court's conclusion that Pickett and Twin City entered into a sales contract, we now consider whether the trial court was clearly wrong in refusing to rescind that contract.

An arithmetical error exists on the face of the contract. Twin City admits making this unilateral error.

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Bluebook (online)
588 So. 2d 1125, 1991 La. App. LEXIS 1065, 1991 WL 250622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/twin-city-pontiac-inc-v-pickett-lactapp-1991.