League v. McDonald
| Decision Date | 27 January 1978 |
| Citation | 355 So.2d 695 |
| Parties | James W. LEAGUE v. S. O. McDONALD. SC 2555. |
| Court | Alabama Supreme Court |
J. Robert Miller of Culver & Miller, Huntsville, for appellant.
J. Allen Brinkley of Johnston & Johnston, Huntsville, for appellee.
This is an appeal from a judgment of the Madison County Circuit Court wherein three cases were consolidated for trial. Evidence was taken ore tenus and judgment rendered against appellant James W. League in the amount of $15,400.10. No specification was made by the trial court as to what amounts of this award related to each of the three actions.
The pertinent facts of the first action consolidated for trial are as follows. Dora and S. O. McDonald, appellee, were in partnership conducting a construction business in Huntsville, Alabama. On October 28, 1959 the McDonalds entered into a contract with League for the construction of a trailer park on League's property. This agreement was cancelled by the parties and then reinstated on December 20, 1960.
Under the terms of the contract, League agreed to pay the actual cost of the labor and materials used in constructing the trailer park plus fifty percent over and above such cost. The sum of $1,500.00 in cash was paid by League to the McDonalds immediately upon execution of the contract. The balance of the debt was to be paid in the following manner:
Construction of the trailer park was completed in January, 1962. League made his last payment to the McDonalds on October 21, 1964, claiming that the debt had been entirely paid. Shortly thereafter, League also demanded that the McDonalds either remove several trailers from spaces in the trailer park which they had previously used rent-free, or begin paying rent for the spaces. The amount paid by League to the McDonalds under the construction contract through October, 1964, was $9,712.10.
On August 29, 1973 S. O. McDonald filed suit for breach of this contract, alleging that the trailer park had been constructed at a cost of $34,524.76, and that League had failed to pay the outstanding balance due under the terms of the contract. League's answer stated that he had paid all sums due to the McDonalds and that the action was barred by the statute of limitations.
This suit, Case Number 73-1094 in the court below, was revived by Dora McDonald after the death of S. O. McDonald in her capacity as administratrix of her husband's estate.
The second of the three cases consolidated at trial is a suit filed May 2, 1963, by Dora McDonald against League for the sum of $2,744.68, allegedly owed to the McDonalds for labor and materials furnished to League for the construction of a sewer line across League's property. This property is the same land upon which the trailer park was constructed. Mrs. McDonald had previously filed a lien in the Madison County Probate Court on April 3, 1963.
The third suit is also an action by Mrs. McDonald against League. In this suit, which was filed December 18, 1964, Mrs. McDonald claimed that $1,165.00 was owed to her for labor and materials furnished to League in 1964 to build a house on League's property. A materialman's lien had been filed by Mrs. McDonald on August 19, 1964.
As previously stated, the trial court did not itemize its award of $15,400.10. The decree reads as follows:
"This cause consolidates Case Numbers 18,111; 19,786 and 73-1094 and the Court having proceeded to take testimony in said cause is of the opinion that the Plaintiff is entitled to have and recover of the Defendant the sum of $17,800.10; and that the Defendant is entitled to a credit of $2,400.00 for dirt, leaving the Plaintiff entitled to receive a total sum of, from Defendant James W. League, $15,400.10."
Where several actions are ordered to be consolidated for trial, each action retains its separate identity and thus requires the entry of a separate judgment. Ala.R.Civ.P. 42(a) and Committee Comments; Teague v. Motes, 57 Ala.App. 609, 330 So.2d 434 (1976). We therefore reverse and remand this judgment to the trial court for entry of separate judgments in each of the three cases consolidated for trial.
This result is in accord with federal decisions interpreting Rule 42(a) of the Federal Rules of Civil Procedure, which rule is identical to Rule 42(a) of the...
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