Baker v. Hansen

• Decision Date: 08 June 1983
• Docket Number: No. 18094,18094
• Citation: 666 P.2d 315
• Parties: Walt BAKER and Dave Novelle, Plaintiffs and Respondents, v. Kenneth HANSEN, Defendant and Appellant.
• Court: Utah Supreme Court

Page 315

666 P.2d 315

Walt BAKER and Dave Novelle, Plaintiffs and Respondents, v. Kenneth HANSEN, Defendant and Appellant.

No. 18094.

Supreme Court of Utah.

June 8, 1983.

Kenneth Hansen pro se.

Terry L. Christiansen, Park City, for plaintiffs and respondents.

HALL, Chief Justice:

Plaintiffs brought this action to enforce an agistor's lien on defendant's cattle. ¹ Defendant counterclaimed for damages alleging, inter alia, breach of contract. The district court entered judgment against defendant in the amount of $32,140, and dismissed the counterclaim. Defendant appeals.

Defendant Kenneth Hansen is a cattle rancher from Evanston, Wyoming. As a result of a severe drought in 1979, he was forced to locate new pasture for his herd of cattle. He entered into an oral agreement with plaintiff Walt Baker (hereinafter Baker), a cattle rancher from Kamas, Utah, whereby Baker would pasture and care for his cows for a period of one year in exchange for 60 percent of the calf crop delivered by the impregnated cows during that year, and reimbursement for the care and feeding of the remaining livestock. Defendant was to have the cows pregnancy tested so that Baker would not be feeding cows for which he would not be compensated in calves. This testing, however, was never performed.

On October 16 and 24, 1979, defendant delivered to the Baker Ranch 125 cows, 85 yearlings, 5 fall calves and 1 bull. Just prior to delivery, the cows were examined by Dr. Stanley Hull, who testified that they were in very good condition. After the long haul by truck from Idaho (where they had formerly been pastured) to Kamas, their condition was not quite as good, although they were reported to be in good enough shape to survive the approaching winter.

At the time the oral agreement between defendant and Baker was entered into, defendant had not actually seen Baker's pasture, nor was he aware that it had recently been occupied by another herd of livestock. Upon delivering the cattle, he observed the condition of the pasture to be well grubbed and fed out. Notwithstanding this condition, defendant left the cattle in Baker's care, pursuant to the agreement.

In mid-November, 1979, Baker began feeding hay to defendant's cattle. Toward the end of November, Baker, observing that his 150-ton supply of hay would soon be exhausted, sought financial assistance to purchase additional hay. He secured such assistance from plaintiff Dave Novelle (hereinafter Novelle), who, over the course of the winter months, provided some $15,555 for hay, feed and veterinary expenses.

On December 31, 1979, defendant visited Baker's ranch and discovered that his cattle had lost considerable weight and that 2 of the yearlings had died. ² Consequently, on the following day (January 1, 1980), with Baker's approval, defendant removed the remaining 83 yearlings, 10 of the 125 mature cows and the 5 fall calves from the ranch. Baker was thus left with 115 mature cows and 1 bull.

Baker, who was not present when defendant took the livestock on January 1, 1980, claims that only 104 mature cows were remaining after that date, rather than 115, and that defendant probably took 11 more cows than he had accounted for. Baker's son, however, who was present when the cattle were removed, verifies defendant's testimony that only 10 cows were taken by defendant at that time. Therefore, despite Baker's claim to the contrary, it was he, not defendant, who was unable to account for these 11 missing cows.

At the time the cattle were removed by defendant (January 1, 1980), no arrangement was made with respect to compensation for their care and feed during the two and one-half months they had been in Baker's possession. The matter was discussed for the first time nearly a month later in a telephone conversation between Baker and defendant. The resulting agreement was simply that defendant pay Baker as soon as he had the money.

In mid-February, 1980, Summit County Sheriff Ronald Robinson received complaints that cattle (defendant's cattle) on the Baker Ranch were being starved. He, as well as his deputy, went to the Baker Ranch and examined the cattle. He testified that they were being neglected and needed immediate attention and care. Sheriff Robinson then called defendant at his home in Wyoming, reported the condition of his cattle and recommended that he come and pick them up.

Shortly thereafter, on or about February 16, 1980, defendant went back to Kamas to check on his cattle. He observed, just as had been reported, that some of his cattle had become weakened and emaciated. He asked, and in his words, "begged," Baker to let him take the cattle, but Baker, with the advice and consent of his partner, Novelle, refused to release any of the cows until defendant could pay the sum of $4,750, which he owed for the care and feeding of the cattle he had taken on January 1, 1980. Defendant explained that he could not at that time pay the debt, but that it would be paid. His promise, however, did not affect the plaintiffs' decision to keep the cattle.

Defendant returned to Kamas some ten days later and observed that the herd was receiving more feed, but that many were still in a very weakened condition. He also found that his bull and 8 more of his cows were missing.

Again, on or about the 1st of March, 1980, defendant returned with his wife, Zona Hansen, to examine his herd. This time, they observed 5 cows lying in the pasture dead. They also testified that it did not appear as though the cows had been fed for quite some time.

A neighbor rancher, Dwayne Lambert, testified that Baker had not taken adequate care of defendant's cattle. He also testified that he helped Baker pull 13 to 15 dead cows out of the pasture.

Baker testified that during the spring of 1980, 65 of the surviving cows delivered calves, but 5 of the calves died during birth. He also testified that there were 42 cows which did not bear calves. These figures (65 and 42), however, suggest a total of 107 cows, which contradicts Baker's testimony that he was left with only 104 cows after defendant's removal of a portion of the herd in January, 1980.

Although under its terms the agreement between the parties terminated on October 16, 1980, Baker did not deliver the cows on that date, nor did defendant tender the money he owed for their care and feed.

On December 6, 1980, Baker released 64 cows to defendant. He retained 30 cows and 24 calves (representing defendant's 40 percent share of the spring, 1980, calf crop of 60) as security for the monies owing from defendant.

Accordingly, on December 6, 1980, plaintiffs could only account for 94 live cows of the 115 cows and 1 bull they had, or should have had, on January 1, 1980. ³ Of the 21 missing cows (115 less 94) and 1 bull, plaintiffs could only account for the loss of the bull and 9 of the cows, as follows: 2 cows died while delivering over-sized calves; 3 died from uterus protrusion; 1 died from C-section shock; 1 died from bloat; 1 died from old age; and 1 died as a result of falling between two cars being stored at the Baker Ranch. As to the bull, they merely claim that it died. Thus, while defendant's cattle were under Baker's care, 12 head died (2 yearlings, 9 cows and 1 bull) and 12 head were "lost," for a total of 24 head.

Plaintiffs' claim against defendant for $32,140, based on the agistor's lien, was calculated as follows: (1) $20 per month (two and one-half months) a head for the cattle defendant took in January, 1980 ($4,750); ⁴ (2) $30 per month (twelve months) a head for caring for the 42 barren cattle ($15,120); (3) $30 per month (one and three-fourths months) a head for the 64 cows taken by defendant on December 6, 1980 ($3,360); and (4) $30 per month (five and one-half months) a head for the 30 cows and 24 calves retained by plaintiffs ($8,910).

Plaintiffs' $20 and $30 figures are based upon the following factors: the cost of hay, the amount of hay required per head per day, the rental value of summer pasture in the Kamas area and the labor necessary to care for the cattle.

Plaintiffs testified that during the winter months (November, 1979, to May, 1980) they fed 20 pounds of hay per head daily. The cost of the hay was shown to have been $60 to $80 per ton. Based on these figures, plaintiffs calculated that the cost of feeding each animal per month was $24.

In addition to these feeding costs ($24), plaintiffs included in the $20 and $30 figures a labor charge for the care of the animals, based on four hours per day at $4 per hour.

During the grazing months, or those months when plaintiffs did not feed hay, they calculated the costs per head to be the same as during the winter months, inasmuch as the pasture rental for that area was between $18 and $20 per month per head, and their labor was still required for the care of the animals.

At issue in this case is the propriety of the trial court's award of damages. It is well established that:

In fixing damages the trial court is vested with broad discretion and the award will not be set aside unless it is manifestly unjust or indicates that the trial court neglected pertinent elements, or was unduly influenced by prejudice or other extraneous circumstances. ⁵

Defendant urges this Court to review both questions of law and fact in this case, inasmuch as the action is equitable in nature. ⁶ While we recognize that some courts have held the judicial enforcement of a statutory lien to be an action in equity, and that equity permits a much broader scope of review, we also acknowledge our time-honored rule, both in and out of equity, with respect to the findings and judgment of the trial court:

While it is true that in equity cases this Court may review questions of both law and fact we are not bound to substitute our judgment for that of the trial court, and because of its advantaged position we give considerable deference to its findings and judgment. ⁷

Defendant's first contention on appeal is that the...