Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Beau Box Commercial Real Estate, L.L.C. v. Pennywise Solutions, Inc.

Court of Appeals of Louisiana, First Circuit

October 23, 2019

BEAU BOX COMMERCIAL REAL ESTATE, L.L.C.
v.
PENNYWISE SOLUTIONS, INC.

          Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No. 666, 526 The Honorable R. Michael Caldwell, Judge Presiding.

          Dennis A. Pennington Michael J. Harig Baton Rouge, Louisiana Counsel for Defendant/Appellant Pennywise Solutions, Inc.

          Stephen Babcock Chase Tettleton Baton Rouge, Louisiana Counsel for Plaintiff/Appellee Beau Box Commercial Real Estate, L.L.C.

          BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

          THERIOT, J.

         Pennywise Solutions, Inc. appeals the Nineteenth Judicial District Court's judgment granting Beau Box Commercial Real Estate, L.L.C.'s motion for summary judgment. For the following reasons, we affirm.

         FACTS AND PROCEDURAL HISTORY

         On February 21, 2018, Beau Box Commercial Real Estate, L.L.C. ("Beau Box") filed a petition for damages, naming Pennywise Solutions, Inc. ("Pennywise") as defendant. Beau Box alleged that on March 11, 2017, Beau Box and SSMF Brusly, LLC ("SSMF") entered into a real estate agency agreement ("the listing agreement") pursuant to which Beau Box would list available space in a shopping center owned by SSMF and located at 400 West Saint Francis Street in Brusly, Louisiana, for lease.

         Subsequently, on November 8, 2017, Pennywise entered into a purchase agreement with SSMF for the sale and purchase of the shopping center ("the purchase agreement") for the sum of $4, 050, 000.00. The purchase agreement required that the act of sale be passed on or before January 29, 2018. Further, the purchase agreement was drafted by Travis Thornton, then an employee of Pennywise's realtor, BHHS United Properties ("United").

         Pennywise was unable to purchase the property by the January 29, 2018 deadline. According to Sam Tran, Pennywise's owner and sole shareholder, Pennywise was originally successful in obtaining financing for the purchase of the property, but the financing fell through.

         In its petition, Beau Box alleged that Pennywise had breached the purchase agreement, and, alternatively, that a stipulation pour autrui had been created in favor of Beau Box. Beau Box asserted that because Pennywise executed the purchase agreement, Pennywise expressly agreed to all the terms and conditions described therein, including an agreement to be liable for realtor's fees, attorney's fees, and other costs incurred in the enforcement of any and all rights under the contract in the event that Pennywise defaulted on the agreement. Accordingly, Beau Box claimed that Pennywise was liable to Beau Box for $101, 250.00, which is one-half of the brokerage commission for the purchase and sale of the subject property and improvements. Beau Box also sought attorney's fees and costs, pursuant to the purchase agreement.

         On April 17, 2018, Pennywise answered Beau Box's petition. Pennywise asserted that it did not default in its purchase agreement with SSMF because Pennywise had diligently sought to purchase the property and took all action as was reasonable and proper under the circumstances to complete the purchase, but was prevented from doing so by circumstances beyond its control.

         On June 22, 2018, Beau Box filed a motion for summary judgment. In its opposition to Beau Box's motion for summary judgment, Pennywise argued that it understood the word "default" in the original purchase agreement to pertain to situations in which the obligor is in some way at fault for failing to close the contemplated real estate transaction. Accordingly, Pennywise asserted that there must be fault attributable to the purchaser in order for a "default" to occur.

         In a judgment signed October 9, 2018, the trial court granted Beau Box's motion for summary judgment and rendered judgment in favor of Beau Box in the amount of $101, 250.00. The judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.