Warren v. Wheeler

566 N.E.2d 1096, 1991 Ind. App. LEXIS 251, 1991 WL 26657
CourtIndiana Court of Appeals
DecidedFebruary 26, 1991
DocketNo. 49A02-8901-CV-31
StatusPublished
Cited by3 cases

This text of 566 N.E.2d 1096 (Warren v. Wheeler) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Warren v. Wheeler, 566 N.E.2d 1096, 1991 Ind. App. LEXIS 251, 1991 WL 26657 (Ind. Ct. App. 1991).

Opinions

ROBERTSON, Judge.

William 0. Warren and his company, the Employment Telecom Systems, Inc. [ETS] appeal the judgment after a jury trial in favor of plaintiffs, Daniel L. Wheeler, John P. Brown, and Roger E. Bird, in their action based on fraud. Judgments were entered upon the jury’s verdicts in the amounts of $144,705.13 for Wheeler, $146,-944.33 for Brown, and $62,985.00 for Bird. Wheeler’s Brown’s, and Bird’s company, The Exchange Network, Inc., [TEN] appeals the trial court’s removal of its claim against the defendants from the jury. We affirm the decision below in all respects.

FACTS

In 1981, William O. Warren, who was experienced and knowledgeable in the fields of personnel and human relations, decided to start a new business. Warren developed a computer network system to be called the “Human Resource Information Network or “HRIN” [the System] which would make available to corporate subscribers a large library of human relations data. The system was designed so that the human relations director of a corporate subscriber could scan a data bank of job seekers to fill job openings in that subscriber’s company. In addition to the recruiting function described above, the System would permit subscribers to communicate by electronic mail. Warren incorporated Employment Telecom Systems, Inc. [ETS] to market the HRIN System.

In 1981, Warren solicited Wheeler to provide a source of employee candidates for the corporate subscribers to the System. Wheeler had been in the employment agency business for years and had been running his own employment agency. Warren represented to Wheeler that 22 corporations had subscribed to the System having paid a substantial sum of money, approximately $10,000.00 each, to subscribe. Warren represented that each of these corporate subscribers had the necessary equipment and capability to access the System, were online, and had a present need to use the system.

Warren made the same representations as set out above to Brown. Wheeler and Brown founded The Exchange Network, Inc. [TEN] to sell HRIN subscriptions to employment agencies who then could interact electronically with the corporate subscribers to place job seekers.

Bird owned and operated one of the first employment agencies to subscribe to TEN. Bird joined forces with Wheeler and Brown and invested his time and money in TEN and became a stockholder and officer of TEN.

Warren’s representations turned out to be false as only three (3) of the original 22 corporations were paid subscribers on the network. Some of the corporations originally listed as being paid subscribers had been given free subscriptions and others were simply not on-line. One of the manufacturing plants listed on the System as needing employees had been closed. One of the companies Warren had listed on the System had a policy of hiring from within and had never had any interest in or intention of using the System.

Warren had discouraged the TEN group from contacting the corporations by telephone and encouraged them to communicate with the corporations via the electronic mail service. Warren explained that the Human Relations directors of these corporations were annoyed by telephone calls [1099]*1099from employment agencies. The TEN group members — having experience in the business — knew this to be true as a general proposition and complied with Warren’s wishes. However, when electronic mail messages were sent, the System would indicate that the corporate subscribers had received the messages when in fact they had not — or were not even connected to the network.

As time went on, Warren continued to misrepresent the number of corporate subscribers to the TEN group and others. He continuously represented ever higher numbers. In October of 1983, Warren represented to TEN and a group of employment agencies that he had 1500 locations on line. It was later discovered that by June of 1983, at the most, only 17 paid corporate subscribers were on-line, and even this number was disputed.

After fifteen months of operation, the TEN group became discouraged because the System had only succeeded in placing three (3) job seekers. After Warren succeeded in stalling the TEN group some more, the TEN group made telephone calls to the supposed corporate subscribers and discovered the fraud. Soon afterwards, the TEN group ceased operations.

The TEN group expended substantial time, energy, and money in recruiting employment agencies to subscribe to the System. When TEN ceased operations, it had unpaid bills to creditors outstanding. In addition, TEN accepted almost $75,000.00 in fees from the employment agencies who subscribed to the System, many of whom— since the fraud was discovered — have demanded to be reimbursed. The corporation, TEN, through its officers, feels obliged to reimburse these agencies should it prevail in its lawsuit. TEN had other shareholders who are not parties to this suit.

The present trial lasted 13 days spread over six weeks. The record consists of 4,164 pages bound in 18 (Eighteen) volumes.

Additional facts are supplied as necessary.

DECISION

I.

Whether Exhibit 203 was erroneously admitted?

Warren’s company, ETS, ultimately prospered and was sold to the Bureau of National Affairs, Inc. [BNA] in a complex transaction that required the continued involvement of Warren and another co-owner, Wingington.2 A dispute arose and Warren and Wingington sued BNA praying for judgment in the amount of $4,560,000 each representing their unfulfilled interest in the sale transaction.

Exhibit 203 was admitted into evidence over Warren’s objection. Exhibit 203 is a settlement demand letter from Warren’s attorneys to BNA’s attorneys. In this letter, Warren and Wingington each demand $2,500,000.00 in settlement of their claims.

Warren claims the trial court erred in admitting this letter into evidence because the letter is irrelevant in the present lawsuit and even if it is relevant, its prejudicial nature outweighs its probative value. Warren asserts the real effect of this document was to convince the jury that Warren is a very wealthy man with a deep pocket. He argues that the value of his claim in the lawsuit was tangential to the real issues of trial and was injected into the case by Brown’s emotional statement that Warren had earned $10,000,000.00 impliedly from the efforts of the TEN group.

Warren equates the demand letter to a mere offer to sell which is properly excluded as evidence of value. State v. Lincoln Memory Gardens, Inc. (1961), 242 Ind. 206, 177 N.E.2d 655. In State v. Lincoln Memory Gardens, Inc., the value of a certain piece of property was at issue in a condemnation ease. The trial court excluded testimony of an offer to sell the property. Our supreme court affirmed holding:

A mere offer to buy or sell property is not a measure of the market value of a [1100]*1100similar property. It is incompetent to prove the market value of the property because the asking price is only the opinion of one who is not bound by his statement, and is too unreliable to be accepted as a correct test of value.

177 N.E.2d at 658.

Exhibit 203 is more than a mere offer to sell as properly excluded in State v. Lincoln Memory Gardens, Inc.

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566 N.E.2d 1096, 1991 Ind. App. LEXIS 251, 1991 WL 26657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-wheeler-indctapp-1991.