Lane v. Sullivan

• Decision Date: 27 May 1926
• Docket Number: (No. 343.)
• Citation: 286 S.W. 541
• Parties: LANE et al. v. SULLIVAN.
• Court: Texas Court of Appeals

286 S.W. 541

LANE et al. v. SULLIVAN.

(No. 343.)

Court of Civil Appeals of Texas. Waco.

May 27, 1926.

Rehearing Denied July 5, 1926.

Appeal from District Court, Limestone County; A. M. Blackmon, Judge.

Suit by George T. Sullivan against John Lane and others. Judgment for plaintiff, and defendants appeal. Reversed and remanded.

N. T. Stubbs, of Mexia, for appellants.

Frank C. Bolton, of Mexia, and Williford & Geppert, of Teague, for appellee.

GALLAGHER, C. J.

This suit was instituted by Geo. T. Sullivan, appellee herein, against P. S. Park, J. H. Park, and G. H. Lane, also known as John or Jack Lane, appellants herein, to recover damages for the breach of a rental or lease contract. The facts will be stated in connection with the issues of law discussed. The case was submitted to a jury on special issues, and upon return of verdict the court entered judgment in favor of appellee against all the appellants, jointly and severally, for the sum of $3,247.50, which judgment is here presented for review.

Appellee's suit was based on a written contract, by the terms of which P. S. Park leased to appellee a certain building in Mexia, Tex., known as the Henson Hotel, together with the furniture, furnishings, and fixtures therein contained, for the period of one year, beginning December 1, 1924. The agreement under which said contract was executed was made between appellee and J. H. Park, purporting to act as agent for P. S. Park, the owner of said building. The grantor in said lease contract was P. S. Park, and it was signed, "P. S. Park, by J. H. Park, agent and Attorney." J. H. Park was a brother of P. S. Park. He resided in Mexia, while P. S. Park resided in Bryan, Tex. Appellee resided at Teague, Tex. He heard that J. H. Park had a hotel to rent. He approached said Park about renting the same. J. H. Park told him that the hotel belonged to his brother, P. S. Park, that the same was for rent, and that he had authority to rent or lease the same and collect rents therefor. The appellant Lane was occupying the hotel at the time under a lease which did not expire until the following April. He was in arrears in payment of rent, and there was testimony tending to show that he declared that he did not intend to make any further payments thereon. J. H. Park referred appellee to Lane, and Lane agreed to vacate the building and surrender possession to appellee on or before December 1, 1924. Lane had theretofore assured J. H. Park that he was willing to vacate on that date.

Upon this assurance the lease contract was executed by the parties as before stated, and appellee paid one month's rent, which J. H. Park deposited to the credit of P. S. Park in an account in his name in one of the Mexia banks. Lane subsequently advised J. H. Park that he was going to give appellee possession of the premises on or before December 1st. It does not appear that appellee made any inquiry as to the authority of J. H. Park to act for his brother in executing and delivering said lease, and it is not made to appear that he knew at the time that J. H. Park had theretofore acted for his brother in securing tenants, renting property, and collecting rents in Mexia. Appellee, with the consent and acquiescence of J. H. Park, began at once to make certain repairs on the building. Said repairs consisted of repainting the inside of a large part of the building and in painting on the same a new sign, changing the name of the hotel. About three days before the 1st of December an oil well was brought in at Wortham, a short distance from Mexia. The undisputed evidence shows that this event greatly enhanced the value of hotel leases in Mexia.

Appellee appeared, on or about the 1st of December, with a truckload of furniture and demanded possession of the hotel, which demand was refused, and the door locked to prevent his entering or taking possession. He appealed to J. H. Park for aid in securing possession, and he declined to do anything for him. He then sued out a writ of sequestration, and had said property seized by the sheriff, but Lane replevied the same. J. H. Park and P. S. Park were the sureties on his replevy bond. The sequestration was subsequently quashed. Appellee sued on his lease contract, and alleged in general terms that J. H. Park had authority from P. S. Park to execute the same. P. S. Park answered, denying under oath that said contract was executed by him, or by any person authorized by him to do so, and alleging that the same was executed without his knowledge or consent, and that he had never ratified or confirmed the same, and that said J. H. Park was not his agent, general or special. Appellee did not file any reply to said answer.

We will not attempt to recite the substance of the testimony on the subject of the authority of J. H. Park to make said lease contract, and to execute and deliver the same, in the name and on behalf of his brother. It is sufficient to say that there was evidence tending to show express authority, evidence of circumstances from which actual authority might have been inferred and found as a fact by the jury, and also evidence tending to show that J. H. Park was without actual authority in the premises, but that he had assumed and exercised such authority in the matter of securing tenants for his brother's property, renting the same, and collecting rents thereon, as might have led a person of ordinary prudence, having knowledge of such assumption and exercise of authority, to believe that such action on his part was in fact authorized by his said brother. The only issue on the subject of the authority of J. H. Park to sign his brothe...