Scott v. Hjelm

• Decision Date: 23 July 1980
• Docket Number: No. 79-53,79-53
• Citation: Scott v. Hjelm, 188 Mont. 375, 613 P.2d 1385 (Mont. 1980)
• Parties: Carl D. SCOTT, Plaintiff and Respondent, v. Floral HJELM, Defendant and Appellant.
• Court: Montana Supreme Court

Page 1385

613 P.2d 1385

188 Mont. 375

Carl D. SCOTT, Plaintiff and Respondent, v. Floral HJELM, Defendant and Appellant.

No. 79-53.

Supreme Court of Montana.

Submitted June 18, 1980.

Decided July 23, 1980.

Robert R. Brown argued, Stevensville, for defendant and appellant.

French, Grainey & Duckworth, Ronan, Philip J. Grainey argued, Ronan, for plaintiff and respondent.

HASWELL, Chief Justice.

This is an appeal by defendant from a judgment requiring plaintiff to surrender possession of a mare to defendant, requiring defendant to pay plaintiff $1,250, to execute transfer documents for a foal born to the mare, and for various other relief.

In 1978 plaintiff Carl D. Scott learned that defendant Floral Hjelm had registered quarter horses for sale. The parties had several telephone conversations concerning these horses and Scott went to the Hjelm residence and inspected several mares on a Saturday in November, 1978.

According to Scott, he advised Hjelm that he was not interested in the purchase of any horse other than a mare named Satin Beaver. Hjelm contends that a sale of five mares was negotiated for the sum of approximately $5,600. The negotiations were never reduced to writing.

On the following Monday Scott returned with a horse trailer and took the mare named Satin Beaver. Scott contends that he gave Hjelm a check for $1,000 for Satin Beaver which was the total purchase price. Hjelm contends that the $1,000 was merely a down-payment on the five mares and Scott was to pay the balance when he collected the remaining mares.

Hjelm did not give the registration papers and transfer documents for Satin Beaver to Scott at the time the check was written and has refused to do so thereafter.

A foal was born to Satin Beaver while the mare was in Scott's possession.

On February 16, 1979, Scott filed a complaint against Hjelm in the justice court of Ravalli County seeking judgment for $1,108 for Hjelm's alleged failure to produce registration documents on Satin Beaver, plus $1.50 per day mare care.

Defendant answered and filed a counterclaim for $4,600 representing the balance of the purchase price. The case was transferred from justice court to District Court because the counterclaim exceeded the jurisdictional limit of the justice court.

On July 20, 1979, the case was tried before the District Court sitting without a jury. The District Court issued findings of fact, conclusions of law and judgment one week thereafter in which plaintiff was required to surrender possession of Satin Beaver to defendant, defendant was required to pay plaintiff $1,250 and surrender all documents necessary to transfer title of Satin Beaver's foal to plaintiff, and at plaintiff's option he could retain possession of the foal, return the foal with Satin Beaver until it is weaned and then retake possession of the foal not later than October 15, 1979, and that if plaintiff did not retake possession by that time, title to the foal would revert to the defendant.

Appellant presents the following issues:

1. Whether the facts of the case support the court's conclusion that the parties were "merchants" within the meaning of section 30-2-104, MCA?

2. Whether the facts of the case support the conclusion of law that the oral contract was unenforceable for lack of writing in confirmation of the oral contract?

3. Whether the division of the property constitutes a rescission of the contract to purchase?

4. Whether the judgment is supported by the facts as found by the trial court?

Appellant contends that the District Court erred in its conclusion that the parties were "merchants" in horses and that this was a transaction "between merchants" within the meaning of section 30-2-104, MCA.

The District Court also concluded that there was a lack of writing in confirmation of the oral contract as required by section 30-2-201(1) and (2), MCA, and, as a consequence, the oral contract for the sale of the five mares was unenforceable. Section 30-2-201, MCA, reads as follows:

"Formal requirements statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

"(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.

"(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable:

"(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

"(b) if the party against whom enforcement is sought admits in his pleading testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

"(c) with respect to goods for which payment has been made and accepted or which have been received and accepted (30-2-606)."

Under this statute, whether the parties have been classified as merchants is not relevant unless there is a writing in confirmation of the contract. In the present case there was no writing. Thus, the District Court's finding that the parties were merchants is irrelevant to our determination of this appeal.

The appellant next contends that the contract for the purchase and sale of the five horses is enforceable despite the lack of a writing. In support of this contention the appellant directs the Court to section 30-2-102, MCA, which outlines the scope of the statute of frauds section which is quoted above. Section 30-2-102, MCA, provides:

"Scope certain security and other transactions excluded from this chapter. Unless the context otherwise requires, this chapter applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this chapter impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers."

This statute does not support appellant's contention that the transaction in question falls outside the scope of section 30-2-201, MCA. The transaction does not involve a security transaction....