Vignes-Bombet Co., Inc. v. Rowe

• Decision Date: 17 December 1973
• Docket Number: No. 9632,VIGNES-BOMBET,9632
• Citation: 288 So.2d 889
• Parties: CO., INC., Plaintiff-Appellee, v. Willie Mae ROWE and Shirley B. Jackson d/b/a Be Quick Grocery, Defendants- Appellants.
• Court: Court of Appeal of Louisiana — District of US

Page 889

288 So.2d 889

VIGNES-BOMBET CO., INC., Plaintiff-Appellee, v. Willie Mae ROWE and Shirley B. Jackson d/b/a Be Quick Grocery, Defendants- Appellants.

No. 9632.

Court of Appeal of Louisiana, First Circuit.

Dec. 17, 1973.

Kenneth L. Riche, Baton Rouge, for defendants-appellants.

Lee Kantrow, Baton Rouge, for plaintiff-appellee.

Before SARTAIN, TUCKER and WATSON, JJ.

SARTAIN, Judge.

Plaintiff, Vignes-Bombet Co., Inc. (VBC), filed this suit on open account against Willie Mae Rowe and Shirley B. Jackson doing business as the Be Quick Grocery for the price of certain quantities of liquor delivered by plaintiff to the Be Quick Grocery during December of 1970. A judgment of default was rendered against Willie Mae Rowe and she was not a party to the trial proceedings. Shirley B. Jackson answered plaintiff's suit and denied any liability for the alleged indebtedness. Following a trial on the merits the district court rendered judgment with oral reasons therefor in favor of plaintiff and against the remaining defendant in the amount of $1,279.95. From that judgment defendant has taken this devolutive appeal.

Defendant contends that he was only an employee of Willie Mae Rowe and the Be Quick Grocery and thus, should not be held personally liable for the indebtedness owed VBC.

VBC takes the position that Willie Mae Rowe and Shirley B. Jackson were either partners, co-proprietors or joint venturers in the Be Quick Grocery and that as such Jackson should be held liable for this debt.

The trial court found that Jackson had some proprietary interest in the business and thus imposed liability on him for this debt. The judge a quo summarized the pertinent facts and testimony in his oral reasons for judgment as follows:

'From the testimony the court heard there is no doubt in my mind that Shirley Jackson and Willie Mae Rowe had a very close relationship. However, I am still confused after listening to all the testimony as to exactly what the relationship was. It was obvious to the court that Shirley Jackson had more than just an employee relationship at the Be Quick Grocery store. The question boils down to whether or not this relationship was such as to render him liable for this bill.

'He testified that he was manager of the meat market and when Mrs. Rowe was not there he managed the whole store and had to take care of the store entirely while she was sick and he could do such things as write checks, make deposits, order merchandise, et cetera. He testified that he owned none of the equipment in the store but had rented the equipment to her and said he could not be an owner at the same time he rented the equipment. He said that he got $50.00 a month in rental. He testified that he was paid $50.00 cash per week in salary, sometimes more, sometimes less, depending on what the store made.

'Willie Mae Rowe testified that she owned the business entirely and that Jackson worked for her as her assistant and that he started working about a year after she took over the store. She said she bought the equipment from him and paid something when she could depending on how good sales were. She said that defendant's salary never changed but that if business was good she paid more on her equipment account with Jackson.

'Documents introduced in evidence indicated that all licenses, et cetera, were in her name and that the lease arrangement bore her name as sole lessee.

'John Smith testified. He works for VBC now; prior to that time he owned the Flamingo Lounge which was located just across the street from the Be Quick Grocery store and he went in the Be Quick store almost on a daily basis and said that he saw Shirley Jackson almost daily.

'Michael Kantrow, who is now president of the plaintiff corporation, testified that he called on the Be Quick Grocery while taking another salesman's route and the only person he ever did business with was Jackson.'

In addition, we note that Jackson's federal income tax returns for the years 1969 1970, and 1971 were entered in evidence at the trial. On both the 1969 and 1970 returns Mr. Jackson listed his occupation as 'self-managing store' and 'store manager' respectively. On all three tax returns Mr. Jackson listed his income under miscellaneous income as 'store income (commissions)' rather than listing it as income from 'wages, salaries, tips, and etc.' There is further testimony in this record to the effect that Jackson helped Miss Rowe obtain the lease of the premises and his signature appears on the lease as a witness. Also, Miss Rowe testified that Jackson's name was not entered in the payroll record book kept for the other store employees and she offered no explanation of why his name was not listed as an employee .

In holding that Jackson had some proprietary interest in the business the trial judge stated as follows:

'Of course none of this would establish that Jackson was an owner of the business because an employee could do all the things that Shirley Jackson did. An employee could order, make deposits, write checks, et cetera. What it boils down to, can the court take into consideration Jackson's subsequent conduct; if so, then a pattern has been established which would make this court feel that Jackson did in fact possess some proprietary interest in the Be Quick Grocery store. I am satisfied that he has some kind of proprietary interest out there now. If I couldn't take that into consideration, then I think plaintiff failed to establish by a preponderance of the evidence that Jackson possessed some kind of proprietary...