Widgren v. Massie

352 N.W.2d 420, 1984 Minn. App. LEXIS 3209
CourtCourt of Appeals of Minnesota
DecidedJune 12, 1984
DocketC7-83-1712, C1-84-78
StatusPublished
Cited by9 cases

This text of 352 N.W.2d 420 (Widgren v. Massie) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Widgren v. Massie, 352 N.W.2d 420, 1984 Minn. App. LEXIS 3209 (Mich. Ct. App. 1984).

Opinion

OPINION

FORSBERG, Judge.

This appeal by appellants is from two separate but related cases. The first case, heard in Cass County District Court, involved a determination of ownership to a 1975 semi-truck tractor. The trial court found in favor of respondent Widgren and awarded her damages for appellant’s wrongful detention. Judgment was entered July 28, 1983. Appellant’s motion for a new trial was denied August 31, 1983. Thereafter, appellant filed an appeal from *422 the judgment and order with this Court. Appellant did not, however, file a superse-deas bond to stay the trial court’s decision pending appeal.

Pursuant to the Cass County judgment, respondent Widgren served two garnishment summonses on Reserve Supply Company, a customer of appellant’s. Appellant sought to quash the garnishment due to a procedural defect in the first garnishment’s service. The motion to quash was denied by the Anoka County District Court on January 3,1984. Appellant filed a superse-deas bond staying the Anoka County District Court’s order and appealed to this Court. We granted appellant’s motion to consolidate both appeals on January 31, 1984.

FACTS

Respondent Erma Widgren makes her home in Missoula, Montana. For seven of the past ten years she has made her living by driving semi-trucks. In August of 1982 she was driving a 1975 Kenworth flatbed truck for John Payovich. She was also in the process of buying the truck from Payo-vich. She made payments to him and he in turn paid the finance company.

Appellant Ben Massie owns a trucking company, Transportation Del Norte, located in Pine Bend, Minnesota. In September of 1982, a number of his drivers contacted respondent regarding driving for Transportation Del Norte. Respondent had previously worked for appellant during the last few months of 1974.

When the parties met, respondent allegedly urged appellant to buy a truck for her to drive. Appellant was not interested in purchasing another truck but was interested in obtaining respondent’s services. They ultimately agreed that respondent would lease her truck and services to appellant’s company. Under the lease, respondent was to carry three to four rounds per month between Minnesota and Montana. In return, she would receive 80% of the gross revenue generated by each round. 1 Respondent was to retain possession of the truck and was solely responsible for its operating expenses.

After respondent had signed the lease agreement 2 she received a phone call from Associate Finance (Associate), the company financing purchase of the 1975 Kenworth flatbed. Payovich had not been making the installment payments so Associate was repossessing the truck. Respondent was instructed to deliver the truck to Allstate Sales and Leasing Corporation (Allstate), the company holding a recourse on the truck.

Respondent delivered the truck to Allstate. There she met with Mel Hokanson, Allstate’s financing and leasing manager, in an effort to arrange purchase of the truck. She signed a purchase contract and made a $500 down payment on the truck. A week later she put an additional $4,205.38 down, but her credit application was denied so the sale was never completed.

Hokanson asked respondent if she knew anyone who would cosign with her or provide some collateral. Respondent testified she did not offer any names. A1 Oster-hauge, Allstate’s assistant general manager, knew appellant personally and knew respondent had worked for appellant. He called appellant to see if appellant would help respondent purchase the truck. Appellant recalls receiving such a phone call from Osterhauge but maintains that respondent was the person who initially requested he cosign. Osterhauge told appellant that by cosigning he was assuming responsibility for the truck payments in the event respondent defaulted. Hokanson, however, recalls telling respondent that the *423 only way credit would be approved was if appellant was a co-buyer of the truck.

Appellant agreed to assist respondent. A security agreement, conditional sale contract, was signed on October 21, 1982 by both appellant and respondent. Respondent signed first and then appellant signed and wrote “co-buyer” after his name.

The certificate of title was issued by the state of Montana and contains appellant’s and respondent’s names. Respondent made the downpayment and was given possession of the truck. She was responsible for the costs of maintenance, insurance and license plates. She was also responsible for the monthly payments on the truck although Allstate says it looked to appellant for payment.

Respondent drove the truck for Transportation Del Norte from September 29, 1982 through January 11, 1983. During that time she made 9V2 rounds between Minnesota and Montana. Her performance was not completely satisfactory. She was frequently late in making deliveries and refused to drive in weather conditions other drivers drove in. On at least one occasion she made a customer unload on the street rather than in the customer's drive-through yard. Reserve Supply, Transportation Del Norte’s primary customer, requested respondent not be assigned to deliver their hauls.

On January 10, 1983 respondent called Transportation Del Norte from a truck stop just outside LaCrosse, Wisconsin and stated she was snowed in. About two hours after respondent called, two other drivers called from the same truck stop. Neither of these drivers saw any difficulty with the weather or road conditions. When they left the truck stop, respondent joined them and formed a mini-convoy. Respondent and one of the other drivers headed for Pine Bend and arrived at approximately 11:00 P.M. Unlike the other driver, however, respondent waited until January 11 to check in with the dispatcher’s office.

When respondent did check in, appellant called her in to his office. Appellant told respondent he could no longer use her. He also stated his intention to retain the truck. While respondent was still in his office, appellant called Associate Finance to see if either of their names, preferably respondent’s, could be removed from the sales contract and title.

When respondent left the office she headed for the truck. Appellant followed her and upon arriving at the truck removed the keys from the ignition. The parties dispute whether appellant pushed respondent aside in entering the truck and grabbing the keys.

Hours later, one of the other drivers drove respondent to town where she rented a room. She did not take her personal belongings out of the truck although appellant says the truck was unlocked at the time. When she finally obtained her belongings on January 22, some things were missing. Respondent has incurred significant lodging, food and transportation expenses since commencing this lawsuit.

The trial court determined that appellant signed the sales contract merely as an accommodation party. As such, appellant’s detention and use of the truck was adjudged unlawful. A judgment for respondent was issued and entered on July 28, 1983. Appellant did not file a supersedeas bond staying the judgment pending this appeal.

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Cite This Page — Counsel Stack

Bluebook (online)
352 N.W.2d 420, 1984 Minn. App. LEXIS 3209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/widgren-v-massie-minnctapp-1984.