Aaron Conard and Nicole Conard v. Neosho Drilling and Norman Houston

Columbus, Kansas, civil litigation lawyers represented the parties in a dispute between homeowners Aaron and Nichole Conard and Norman Houston. The Conards hired Houston to drill two water wells. After he was unable to complete the work, the Conards prevailed in a lawsuit they filed against Houston asserting claims for quiet title, breach of contract, negligence, and fraudulent misrepresentation. Houston was unsuccessful on his counterclaims for conversion, unjust enrichment, and breach of contract



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Legal issue Can a court quiet title to personal property based on an abandonment theory if the owner has not voluntarily relinquished or intended to give up ownership rights, and can default judgments establish ownership if later set aside as void?

Headnote



CIVIL PROCEDURE. QUIET TITLE. The case involves a quiet title action where the court addressed whether the plaintiffs could claim title to the defendant's drilling rig and associated equipment based on abandonment or a prior void default judgment.



CONTRACT LAW. BREACH OF CONTRACT AND NEGLIGENCE. The court evaluated claims of breach of contract and negligence related to the defendant's failure to complete a drilling contract and the damage caused by improper securing of equipment.



TORT LAW. FRAUDULENT MISREPRESENTATION. The judgment examined whether the defendant's false statements about having valid insurance constituted fraudulent misrepresentation, despite the absence of proven damages from this misrepresentation.



CIVIL PROCEDURE. CONVERSION AND UNJUST ENRICHMENT COUNTERCLAIMS. The court considered counterclaims for conversion and unjust enrichment, focusing on whether the defendant's property was improperly transferred to a third party under a void default judgment.



Key Phrases Breach of contract. Quiet title claim. Fraudulent misrepresentation. Conversion counterclaim. Negligence claim.

Affirmed in part, reversed in part, and remanded with directions.