Graves v. Serbin Farms, Inc., 23486

Decision Date22 January 1991
Docket NumberNo. 23486,23486
Citation306 S.C. 60,409 S.E.2d 769
CourtSouth Carolina Supreme Court
PartiesDaniel M. GRAVES, Respondent-Appellant, v. SERBIN FARMS, INC., Serbin Development Corporation, Jacob Serbin, as Liquidating Trustee, and Jacob Serbin, Defendants, Of whom Serbin Farms, Inc., Serbin Development Corporation, and Jacob Serbin are Appellants-Respondents, and James R. Sexton is a Respondent. . Heard

J. Lewis Cromer, Columbia, for appellants-respondents.

Amos A. Workman, Spartanburg, for respondent-appellant.

John A. Hagins, Greenville, for respondent.

FINNEY, Justice:

Appellants Serbin Farms, Inc., Serbin Development Corporation, and Jacob Serbin appeal the circuit court's award of judgments to respondents Daniel M. Graves and James R. Sexton. We reverse.

On August 8, 1983, Jacob Serbin, President of Serbin Farms, Inc., and Sexton executed a Farm Management Agreement (FMA) documenting their oral agreement of the preceding March whereby Sexton would manage Serbin's Jalapa, South Carolina, livestock farm. In October of 1983, the FMA was amended to include Sexton's management of a Georgia hog farm which Serbin leased from Gordon Graves.

The duties and responsibilities of the parties set forth in the FMA included the following specifics:

Sexton was prohibited from performing any duties outside the normal course and scope of his management without first obtaining Serbin's written consent.

Sexton was to be an independent contractor and not an agent of Serbin Farms.

Sexton was required to first obtain Serbin's written approval to incur reasonable expenses necessary to the performance of his duties under the FMA and submit vouchers prior to reimbursement for such expenses.

In the fall of 1983, Sexton and Daniel M. Graves (Graves) made an arrangement under which Graves would finance the purchase of two multis of corn, the equivalent of six railroad carloads. In late December of 1983, approximately $85,000 from Graves was used to pay for the corn, which was delivered to railheads in Jalapa and McCormick, South Carolina. There is a dispute as to disposition of the corn after this point. Contested testimony indicates that at least a portion was initially stored in bins belonging to Serbin. The evidence is in conflict as to the disposition of the corn after being placed in the bins.

According to the record, Serbin had no knowledge of the agreement between Sexton and Graves. Graves testified that he was not aware Sexton was employed by Serbin and thought he was contracting with Sexton independently.

On May 30, 1984, Serbin sent a letter to Sexton terminating the FMA.

Subsequently Serbin became aware of the agreement between Sexton and Graves. Serbin and Graves met for the first time in a conference concerning payment for the corn. Whether or not they arrived at an agreement is in dispute. Thereafter Sexton issued a check for $9,350 to Graves from the Serbin Farms account as partial payment for the corn. Serbin stopped payment on the check, and Sexton submitted a replacement check for $9,350 from his personal account.

On September 6, 1985, Graves instituted an action for conversion against Serbin and Sexton. The complaint was subsequently amended to allow Graves to seek recovery under the additional theories of quantum meruit, unjust enrichment and breach of settlement agreement. Sexton filed a cross-claim against Serbin seeking recovery of the $9,350 he paid Graves.

The jury returned a verdict in favor of Graves for $65,966.51 and in favor of Sexton for $9,350. Serbin's post-trial motions for a new trial, new trial nisi and J.N.O.V. were denied. Sexton's motion for assessment of interest was granted, and the trial court awarded interest in the amount of $5,110.93. The trial judge denied Graves' motion for...

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  • R & G CONST., INC. v. LRTA
    • United States
    • South Carolina Court of Appeals
    • December 4, 2000
    ...and (3) third party detrimentally changed his or her position in reliance on the representation. See Graves v. Serbin Farms, Inc., 306 S.C. 60, 409 S.E.2d 769 (1991); ZIV Television Programs, Inc. v. Associated Grocers, Inc., 236 S.C. 448, 114 S.E.2d 826 (1960). In the principal and agent r......
  • Froneberger v. Kirkland Dale Smith, Janel Elizabeth Smith, Euro Mortg. Bankers, Inc.
    • United States
    • South Carolina Court of Appeals
    • August 28, 2013
    ...upon the representation; and (3) that there was a change of position to the relying party's detriment.” Graves v. Serbin Farms, Inc., 306 S.C. 60, 63, 409 S.E.2d 769, 771 (1991). “Apparent authority to do an act is created as to a third person by written or spoken words or any other conduct......
  • Cowburn v. Leventis
    • United States
    • South Carolina Supreme Court
    • August 29, 2005
    ...upon the representation; and (3) that there was a change of position to the relying party's detriment." Graves v. Serbin Farms, Inc., 306 S.C. 60, 62, 409 S.E.2d 769, 771 (1991) (citation omitted). "[A]n agency may not be established solely by the declarations and conduct of an alleged agen......
  • Genovese v. Bergeron
    • United States
    • South Carolina Court of Appeals
    • November 7, 1997
    ...of position by the third party. Beasley v. Kerr-McGee Chem. Corp., 273 S.C. 523, 257 S.E.2d 726 (1979). See also Graves v. Serbin Farms, Inc., 306 S.C. 60, 409 S.E.2d 769 (1991) (elements which must be proven to establish apparent agency are: (1) purported principal consciously or impliedly......
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