Nathan Abernathy v. Larry Bertram and Keith Broyles
967 N.E.2d 510
| Ind. Ct. App. | 2012Background
- Abernathy and Broyles entered an oral farm-rent contract in 2007; Abernathy cleared land and planted winter wheat for 2008 harvest.
- Broyles hired Bertram to harvest the crop and sold it for $3,293.74 after rent issues arose.
- Abernathy filed suit June 4, 2009, alleging breach of contract, quantum meruit, unjust enrichment, and conversion.
- Trial court awarded Abernathy $3,950 based on crop sale value, lost hay/straw, minus $2,000 rent owed.
- Court rejected Abernathy’s conversion claim; crop-insurance issue found not compensable as to value; insurance policy was not party to contract.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages for crop-insurance claim must include policy value? | Abernathy seeks crop-insurance value. | Policy value not included; no total loss and premium unpaid. | No error; policy value improper for breach-damages. |
| Conversion claim entitlement and treble damages under IC 34-24-3-1? | Broyles/Bertram converted property; entitled to treble damages. | No mens rea shown; no conversion. | Court did not err; conversion claim denied. |
Key Cases Cited
- Greives v. Greenwood, 550 N.E.2d 334 (Ind. Ct. App. 1990) (courts cannot speculate on damages when not supported by evidence)
- Prime Mort. USA, Inc. v. Nichols, 885 N.E.2d 628 (Ind. Ct. App. 2008) (limits appellate reweighing of damages; affirm if supported by record)
- Tracy v. Morell, 948 N.E.2d 855 (Ind. Ct. App. 2011) (findings control only for covered issues; general judgment governs others)
- McKeighen v. Daviess County Fair Bd., 918 N.E.2d 717 (Ind. Ct. App. 2009) (criminal conversion requires proof of mens rea by preponderance of the evidence)
- Boyer v. Ind. Dep’t of Natural Res., 944 N.E.2d 972 (Ind. Ct. App. 2011) (standard for reviewing agency findings on statutory issues)