Knowles Lumber, Inc. v. T & M Mortgage Solutions, Inc.

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STATE OF MAINE ANDROSCOGGIN, SS. CE\VEO & F\L.EO E R J\JL 211010 KNOWLES LUMBER, INC., ANDROSCO %~~T SUPER10R DISTRICT COURT CIVIL ACTION Location: Lewiston DOCKET NO. C'J-0~-1045 C'Dlb- 4tJ:D~ 7/CJ,I/;"'Ol'U " C Plaintiff ORDER v. T & M MORTGAGE SOLUTIONS, INC., et al., Defendants The plaintiff brings this action against T & M Mortgage Solutions, Inc., a mortgage broker, for lumber and supplies delivered to Albert Langlois at its request for construction of a home at 26 Depot Road in Leeds. In January 2005, Langlois gave a note and mortgage to T & M on the Leeds property for a line of credit for up to $62,000. In September 2005, the $62,000 had been exhausted. In November 2005, the line of credit was increased to $75,000. At that time, plaintiff had furnished another $10,000 worth of lumber and supplies to Langlois at the request of Carrie Bannister, a representative of T & M. The credit balance of Langlois had been depleted with the plaintiff by December 29, 2005. At that time, the plaintiff spoke for the first time with Shawn Holt, another employee of T & M. In the first conversation between the plaintiff and Carrie Bannister and in the second conversation between the plaintiff and Shawn Holt, the plaintiff granted Langlois credit based upon their promises that Langlois would pay for the lumber and supplies. The plaintiff received a letter from Holt memorializing their conversation, stating I am a representative of T & M Mortgages Solutions, the company that has a construction loan on the property located at 26 Depot Rd. in Leeds Maine for Albert Langlois. We have ordered a draw in the amount of $9,900.00 written to Knowles Lumber. Please feel free to call me, Shawn Holt, with any questions, my number is 344-6699. Credit was extended to Langlois in both instances based upon T & M's promise to pay from Langlois's line of credit. On December 21, 2006, Langlois's line of credit was refinanced to a total of $89,500. The testimony of plaintiff's representative at trial, Ernest Sylvester, is persuasive that he assumed he was talking with a lending institution that had the authority to make payment on Langlois's behalf from the proceeds of a construction loan. However, it cannot be determined that the representations by Carrie Bannister and Shawn Holt constituted clear and convincing evidence that they intentionally were holding out T & M Mortgage Solution as a lending institution. The plaintiff's complaint alleges six (6) causes of action. Count I alleges breach of contract. Count II alleges quantum meruit. Count III alleges fraud. Count IV alleges promissory estoppel. Count V alleges enforcement of a guarantee. Count VI alleges violation of the Unfair and Deceptive Trade Practices Act. 10 M.R.S.A. § 1212 et seq. The court is satisfied by a preponderance of the evidence that the action of Bannister and Holt constituted an agreement to pay the plaintiff for materials and supplies furnished to Langlois on credit. The court is not persuaded that there is clear and convincing evidence that their conduct was fraudulent. Nor is the court satisfied that the conduct of Bannister and Holt was a violation of the Unfair and Deceptive Trade Practices Act. Further, the court is not satisfied that the plaintiff is entitled to recover on the basis of quantum meruit, promissory estoppel, or enforcement of a guarantee. 2 For the foregoing reasons, the entry shall be: Judgment for plaintiff against defendant T & M Mortgage Solutions, Inc. for $10,000, plus costs. 7 Carl O. Bradfota Justice, Superior Couv(" 3 KNOWLES LUMBER INC - PLAINTIFF DISTRICT COURT LEWISTON Docket No LEWDC-CV-2008-01045 Attorney for: KNOWLES LUMBER INC BRIAN D CONDON JR - RETAINED 09/30/2008 LAW OFFICE OF BRIAN D CONDON 126 MAIN STREET PO BOX 169 WINTHROP ME 04364 DOCKET RECORD vs T & M MORTGAGE SOLUTIONS - DEFENDANT 259 MINOT AVE AUBURN ME 04210 Attorney for: T & M MORTGAGE SOLUTIONS JAMES AUDIFFRED - RETAINED 11/03/2008 LAW OFFICE OF JAMES L AUDIFFRED 374 MAIN STREET PO BOX 1005 SACO ME 04072 Filing Document: COMPLAINT Filing Date: 09/30/2008 Minor Case Type: CONTRACT Docket Events: 10/01/2008 FILING DOCUMENT - COMPLAINT FILED ON 09/30/2008 10/01/2008 party(s): KNOWLES LUMBER INC ATTORNEY - RETAINED ENTERED ON 09/30/2008 plaintiff's Attorney: BRIAN D CONDON JR 10/01/2008 party(s): T & M MORTGAGE SOLUTIONS SUMMONS/SERVICE - CIVIL SUMMONS SERVED ON 09/24/2008 10/10/2008 party(s): T & M MORTGAGE SOLUTIONS RESPONSIVE PLEADING - ANSWER FILED ON 10/09/2008 10/10/2008 ORDER - SCHEDULING ORDER ENTERED ON 10/10/2008 JOHN B BELIVEAU , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 10/10/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 03/16/2009 EXTENDED SAY JUDGE STANFILL 10/29/2008 party(s): KNOWLES LUMBER INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/27/2008 11/14/2008 Party(s): T & M MORTGAGE SOLUTIONS RESPONSIVE PLEADING - ANSWER FILED ON 11/03/2008 01/06/2009 party(s): KNOWLES LUMBER INC DISCOVERY FILING - NOTICE OF DEPOSITION FILED ON 12/16/2008 Plaintiff's Attorney: BRIAN D CONDON JR NOTICE TO TAKE ORAL DEPOSITION OF SHAWN HOLT Page 1 of 5 Printed on: 07/21/2010 LEWDC-CV-2008-01045 DOCKET RECORD 02/02/2009 party(s): KNOWLES LUMBER INC,T & M MORTGAGE SOLUTIONS MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 01/14/2009 MOTION FOR EXTENSION OF DISCOVERY DEADLINE 02/02/2009 party(s): KNOWLES LUMBER INC DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/20/2009 02/17/2009 party(s): KNOWLES LUMBER INC,T & M MORTGAGE SOLUTIONS MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 02/10/2009 VALERIE STANFILL, JUDGE COPIES TO PARTIES/COUNSEL 02/19/2009 party(s): KNOwLES LUMBER INC MOTION - MOTION TO AMEND PLEADING FILED WITH AFFIDAVIT ON 02/11/2009 T & M MORTGAGE SOLUTIONS 02/19/2009 party(s): RESPONSIVE PLEADING - ANSWER TO AMENDED PLEADING FILED ON 02/11/2009 KNOWLES LUMBER INC 02/25/2009 party(s): RESPONSIVE PLEADING - RESPONSE FILED ON 02/19/2009 OPPOSTION TO DEFT ANSWER 02/25/2009 HEARING - OTHER MOTION SCHEDULED FOR 04/06/2009 NON-TESTIMONIAL @ 8:30 02/25/2009 HEARING - OTHER MOTION NOTICE SENT ON 02/25/2009 NON-TESTIMONIAL 03/03/2009 party(s): T & M MORTGAGE SOLUTIONS OTHER FILING - REPLY MEMORANDUM FILED ON 02/24/2009 Defendant's Attorney: JAMES AUDIFFRED IN SUPPORT OF MOTION TO AEMND ANSWER TO COMPLAINT 04/16/2009 party(s): KNOWLES LUMBER INC NOTE - OTHER CASE NOTE ENTERED ON 04/06/2009 JOHN B BELIVEAU , JUDGE PLT ATTY TO ARRANGE FOR TELEPHONIC BY 4/17/2009 06/12/2009 HEARING - MOTION TO AMEND PLEADING SCHEDULED FOR 07/13/2009 @ 9:00 06/12/2009 HEARING - MOTION TO AMEND PLEADING NOTICE SENT ON 06/12/2009 KNOWLES LUMBER INC 07/14/2009 party(s): MOTION - MOTION TO AMEND PLEADING DENIED ON 07/13/2009 JOHN B BELIVEAU , JUDGE COPIES TO PARTIES/COUNSEL MOTION TO AMEND ANSWER DENIED DEFENDANT'S 07/14/2009 HEARING - OTHER MOTION NOT HELD ON 07/13/2009 JOHN B BELIVEAU , JUDGE NON-TESTIMONIAL page 2 of 5 Printed on: 07/21/2010 LEWDC-CV-2008-01045 DOCKET RECORD 07/14/2009 HEARING - MOTION TO AMEND PLEADING NOT HELD ON 07/13/2009 JOHN B BELIVEAU , JUDGE 07/14/2009 Party(s): KNOWLES LUMBER INC MOTION - MOTION TO AMEND PLEADING FILED WITH AFFIDAVIT ON 02/11/2009 07/14/2009 Party(s): KNOWLES LUMBER INC MOTION - MOTION TO AMEND PLEADING GRANTED ON 07/13/2009 JOHN B BELIVEAU , JUDGE COPIES TO PARTIES/COUNSEL 07/14/2009 ORDER - COURT ORDER ENTERED ON 07/13/2009 JOHN B BELIVEAU , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL ORDER PLT MOTION TO AMEND COMPLAINT 07/14/2009 ORDER - COURT ORDER ENTERED ON 07/13/2009 JOHN B BELIVEAU , JUDGE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL ORDER ON DEFT MOTION TO AMEND DENIED 11/13/2009 HEARING - TRIAL MANAGEMENT CONFERENCE SCHEDULED FOR 12/07/2009 @ 8:30 NOTICE TO PARTIES/COUNSEL 11/13/2009 HEARING - TRIAL MANAGEMENT CONFERENCE NOTICE SENT ON 11/13/2009 12/07/2009 HEARING - TRIAL MANAGEMENT CONFERENCE HELD ON 12/07/2009 JOHN B BELIVEAU , JUDGE 12/18/2009 HEARING - OTHER MOTION SCHEDULED FOR 02/16/2010 PRE TRIAL CONFERENCE @ 9:00 12/18/2009 HEARING - OTHER MOTION NOTICE SENT ON 01/28/2010 PRE TRIAL CONFERENCE 12/21/2009 Party(s): T & M MORTGAGE SOLUTIONS ATTORNEY - RETAINED ENTERED ON 11/03/2008 Defendant's Attorney: JAMES AUDIFFRED 12/31/2009 party(s): T & M MORTGAGE SOLUTIONS MOTION - MOTION FOR RELIEF FILED WITH AFFIDAVIT ON 12/23/2009 DEFT MOTION FOR RELIEF FROM PRE TRIAL ORDER 01/08/2010 Party(s): KNOWLES LUMBER INC OTHER FILING - OPPOSING MEMORANDUM FILED ON 01/06/2010 PLT OPPOSITION TO DEFT MOTION FOR RELIEF 01/13/2010 Party(s}: KNOWLES LUMBER INC RESPONSIVE PLEADING - RESPONSE FILED ON 01/12/2010 01/28/2010 party(s): T & M MORTGAGE SOLUTIONS Page 3 of 5 Printed on: 07/21/2010 LEWDC-CV-2008-01045 DOCKET RECORD MOTION - MOTION FOR RELIEF GRANTED ON 01/28/2010 JOHN B BELIVEAU , JUDGE COPIES TO PARTIES/COUNSEL 02/25/2010 HEARING - OTHER MOTION HELD ON 02/16/2010 ROBERT W CLIFFORD , ASSOCIATE JUSTICE PRE TRIAL CONFERENCE 02/25/2010 ORDER - PRETRIAL/STATUS ENTERED ON 02/16/2010 ROBERT W CLIFFORD , ASSOCIATE JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 02/25/2010 ORDER - ORDER OF ASSIGNMENT ENTERED ON 02/22/2010 RICK E LAWRENCE , JUDGE TO AUBURN SUPERIOR COURT 02/25/2010 ORDER - ORDER OF ASSIGNMENT SENT ON 02/25/2010 AUBSC 02/25/2010 TRANSFER - TEMPORARY TRANSFER GRANTED ON 02/25/2010 AUBSC 06/10/2010 TRIAL - BENCH NOTICE SENT ON 06/10/2010 06/10/2010 TRIAL - BENCH SCHEDULE OTHER COURT ON 06/14/2010 @ 9:30 AUBSC 06/14/2010 TRIAL - BENCH HELD ON 06/14/2010 CARL 0 BRADFORD , JUSTICE Defendant's Attorney: JAMES AUDIFFRED Plaintiff's Attorney: BRIAN D CONDON JR TAPE 357 INDEX 5483-END TAPE 359 INDEX 50-3755 TESTIMONY HELD. ADVISEMENT. COUNSEL TO FILE BRIEFS BY JUNE 25, 2010 COURT TAKES MATTER UNDER 06/15/2010 Party(s): T & M MORTGAGE SOLUTIONS OTHER FILING - WITNESS & EXHIBIT LIST FILED ON 06/14/2010 DEF'S 06/24/2010 Party(s): KNOWLES LUMBER INC OTHER FILING - TRIAL BRIEF FILED ON 06/24/2010 PLT'S WITH INDEX OF EXHIBITS 06/30/2010 Party(s): T & M MORTGAGE SOLUTIONS OTHER FILING - TRIAL BRIEF FILED ON 06/28/2010 DEF'S 07/21/2010 FINDING - JUDGMENT DETERMINATION ENTERED ON 07/21/2010 CARL 0 BRADFORD , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL ORDER - COURT JUDGMENT ENTERED ON 07/21/2010 Page 4 of 5 COPIES TO Printed on: 07/21/2010 LEWDC-CV-200B-01045 DOCKET RECORD CARL 0 BRADFORD , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. COPIES TO PARTIES/COUNSEL Judgment entered for KNOWLES LUMBER INC and against T & M MORTGAGE SOLUTIONS in the amount of $10000.00. 07/21/2010 FINDING - FINAL JUDGMENT CASE CLOSED ON 07/21/2010 A TRUE COpy ATTEST: Clerk Page 5 of 5 Printed on: 07/21/2010

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