Appeal from the Judgment Entered in the Court of Common Pleas of Fayette County, Civil Division, No. 86 of 1982, G.D.
Vincent J. Roskovensky, II, Uniontown, for appellant.
Samuel J. Davis, Uniontown, for appellees.
Rowley, Olszewski, and Cercone, JJ.
[ 364 Pa. Super. Page 379]
This is an appeal from a judgment entered in favor of defendants-appellees and against plaintiff-appellant. The critical fact that prompted initiation of the action by appellant was the conversion, by appellees, of a corn crop planted and cultivated by appellant. In March, 1980, the parties entered into an oral agreement whereby appellant was
[ 364 Pa. Super. Page 380]
permitted to plant and cultivate a crop of corn on approximately ten acres of appellees' land. In lieu of paying a specific sum of money as rent for the use of appellees' land, appellant agreed to clear the brush and undergrowth from an adjacent orchard on appellees' land containing approximately one acre.
Appellant planted and cultivated a crop of corn on the leased ten acres. However, though appellees specifically called appellant twice, once in the end of June, 1980, and once in the middle of September, 1980, and requested that he clear the orchard as promised, appellant never did so. Thereafter, appellees sold the corn from the ten acres to a third party. The third party paid $400 and cleared the orchard as compensation for his purchase of the corn.
Appellant then instituted this action seeking damages for the conversion of his corn crop. The trial court, sitting without a jury, determined that appellant had breached his agreement with appellees, by failing to clear the orchard, and was thus not entitled to any damages. After the denial of his post-trial motions and entry of judgment against him, appellant filed this timely appeal.
Appellant raises two issues on appeal. First, he contends that the trial court misapplied the law when it found that he was not entitled to any recovery. Second, appellant claims that the trial court erred in permitting appellee Geno Tiberi to testify regarding his conversation with Mr. Skochelak, the third party. Appellant seeks to have the trial court's judgment reversed and judgment n.o.v. in the amount of $4450 entered in his favor. In the alternative, he seeks to have the case remanded to the trial court for a new trial.
Our standard of review in considering appellant's first issue is "to determine whether the findings of the trial court are supported by competent evidence and whether the trial court committed error in any application of the law." Buchanon v. Century Federal Savings and Loan Ass'n of Pittsburgh, (No. 505 Pittsburgh, 1984, p. 8, filed February 10, 1987) [Available ...