Preview:

STATE OF MAINE DISTRICT COURT
ANDROSCOGGIN, SS. CIVIL ACTION
Location: Lewiston

ECEVEO & FL.EO
R DOCKET NO. C'J-0~-1045 C'Dlb-4tJ:D~ 7/CJ,I/;"'Ol'U

JJL 211010
KNOWLES LUMBER, INC., ANDROSCO"%~~T
C

SUPER10R
Plaintiff
v. ORDER
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.

Download ANDcv-08-1045.pdf

Maine Law