Barnes v. Johnson

742 S.E.2d 6, 402 S.C. 458, 2013 WL 342676, 2013 S.C. App. LEXIS 17
CourtCourt of Appeals of South Carolina
DecidedJanuary 30, 2013
DocketAppellate Case No. 2010-173767; No. 5079
StatusPublished
Cited by10 cases

This text of 742 S.E.2d 6 (Barnes v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnes v. Johnson, 742 S.E.2d 6, 402 S.C. 458, 2013 WL 342676, 2013 S.C. App. LEXIS 17 (S.C. Ct. App. 2013).

Opinion

GEATHERS, J.

In this property matter, heard in equity, James E. Johnson appeals the award of $75,616.17 to Clyde and Kathy Barnes. We reverse.

FACTS/PROCEDURAL HISTORY

Appellant James E. Johnson (Johnson) and Respondent Clyde Barnes (Barnes) are cousins who previously conducted [463]*463informal business transactions together.1 On August 25, 2003, Johnson purchased an eight-acre tract of property on New Cut Road in Spartanburg with a “dilapidated” house located on it. Johnson purchased the property for $131,733.61; he made a down payment of $30,733.61 and borrowed $101,000. from BB & T. Two days later, Johnson purchased a “fire policy” from Nationwide Insurance Company, insuring the house from loss due to fire and lightning.' The policy listed Johnson as the named-insured of the tenant-occupied home and BB & T as the mortgagee.

Concurrent with Johnson acquiring the real property, Clyde and Kathy Barnes were living in Florida and looking for a Spartanburg-area home. Seeing an opportunity for mutual benefit with a previous business partner, Johnson and Barnes agreed that Barnes would, with the intent and possibility of later purchasing the property from Johnson: (1) move to the Spartanburg property; (2) pay for all maintenance, repairs, taxes, insurance, utilities, and the related mortgage in Johnson’s name; (3) improve the home and sürrounding acreage, at Barnes’ discretion and own expense;2 and (4) be able to purchase the home from Johnson if Barnes obtained his own-financing. Beyond these general conditions, fundamental terms of their agreement, such as timing, pricing, and even repayment terms, were unclear.3 In fact, the trial court expressly found “[t]he parties in their testimony disagree as to how the financial arrangements should be handled and as to the exact terms of their agreement.”

[464]*464The record also reflects testimony alluding to another, related agreement. Barnes testified about an understanding “to sell the property [to a third party], repay Johnson his portion of the proceeds as far as what he invested in the property, and split the profit.” Barnes further described this understanding as an agreement to “split the money.” The record, however, is unclear whether the referenced “profit” consisted of capital gains or proceeds of the sale, ie., “split the money,” and whether certain previous contributions (down payments, principal payments, on the mortgage, etc.) should be excluded from, or otherwise accounted for within, any such “profit” calculations. Thus, agreements allegedly existed to either: (1) sell the property to Barnes, whereby he would directly benefit from his related improvements; or (2) sell the property to a third-party with Barnes and Johnson splitting any “profits.” Based upon these understandings, Barnes and his wife initially made improvements, beginning in September 2003, and later inhabited the dwelling in 2004.

In July 2005, while Barnes was in arrears as to both utility bills and payments on the mortgage in Johnson’s name, a medical emergency necessitated the Barneses’ return to Florida. While the home was unoccupied, on July 23, 2005, lightning struck and burned the home beyond repair. Upon finding the home’s charred remnants, Barnes retrieved a stove and refrigerator from the debris, removed the fencing, and dismantled the barn he built upon the property.

Thereafter, on October II, 2005, Johnson used $92,332.12, taken from the $95,000 in insurance proceeds paid to Johnson as the named-insured, to pay off his mortgage held by BB & T. Three days later, Johnson sold the property to Michael McDonald and Jed Aho for $136,000. Johnson did not remit any of these generated funds to Barnes.

On June 19, 2006, Barnes filed this action against Johnson alleging breach of contract, conversion, unjust enrichment and quasi contract, and promissory estoppel. Johnson counterclaimed, contending Barnes: (1) was a tenant who had abandoned the property in July 2005 — then $2,618.79 in arrears as to rent payments and $470.32 behind on utility bills; and (2) owed Johnson $45,000 for the dismantled and removed barn. Barnes responded that Johnson’s counterclaims were barred [465]*465by “unclean hands, laches, and estoppel.” Prior to trial, however, Barnes withdrew the breach of contract action.

The circuit court conducted a bench trial on October 6, 2008. At trial, Barnes produced receipts for $9,689.59 in materials purchased to improve the home and property. Barnes also asserted he spent approximately $22,000 in building the barn, which he later dismantled and partially removed.

The trial court concluded that Barnes established the promissory estoppel and unjust enrichment claims against Johnson.4 As to the trial court’s finding that promissory estoppel existed, this conclusion only related to the parties’ initial agreement that Barnes could live in the house with the possibility of later purchasing the home from Johnson if Barnes obtained adequate financing. The trial court did not address whether promissory estoppel existed due to any reasonable reliance and subsequent damages related to the parties’ second agreement — selling the home to a third party and splitting the profits.

The trial court awarded Barnes damages of $75,616.17. The trial court subsequently denied Johnson’s motions for a new trial, or alternatively, to alter or amend the judgment. This appeal followed.

ISSUES ON APPEAL

I. Did the trial court err in finding that Barnes established the elements of quantum meruit and unjust enrichment?

II. Did the trial court err in finding that Barnes established the elements of promissory estoppel?

III. Did the trial court err in calculating damages payable to Barnes?

IV. Did the trial court err in taking judicial notice of the average appreciation of real property in Spartanburg County?

[466]*466STANDARD OF REVIEW

“In an action in equity, tried by the judge alone, without a reference, on appeal the [appellate court] has jurisdiction to find facts in accordance with its views of the preponderance of the evidence.” Townes Assocs., Ltd. v. City of Greenville, 266 S.C. 81, 86, 221 S.E.2d 773, 775 (1976) (citing Crowder v. Crowder, 246 S.C. 299, 143 S.E.2d 580 (1965)).

Except where the facts have been settled by a jury, whose verdict has not been set aside, it is the duty of this court in equity cases to review challenged findings of fact as well as matters of law. But such duty on our part does not require that we disregard the findings below, or that we ignore the fact that the trial [j]udge who saw and heard the witnesses is in better position than this court to evaluate their credibility; nor does it relieve the appellant of the burden of convincing this court that the trial [j]udge committed error in his findings of fact.

Twitty v. Harrison, 230 S.C. 174, 177-78, 94 S.E.2d 879, 880 (1956) (citations omitted).

LAW/ANALYSIS

I. Unjust Enrichmént and Quantum Meruit

Free access — add to your briefcase to read the full text and ask questions with AI

Related

William T. Hurley, Jr. v. Linda Donovan
Court of Appeals of South Carolina, 2026
Basilides Cruz v. City of Columbia
Supreme Court of South Carolina, 2024
Basilides Cruz v. City of Columbia
Court of Appeals of South Carolina, 2022
Rega v. Scottie
D. South Carolina, 2020
Thomerson v. DeVito
Supreme Court of South Carolina, 2020
Beverly v. Grand Strand Regional
Court of Appeals of South Carolina, 2020
A&P Enters., LLC v. SP Grocery of Lynchburg, LLC
812 S.E.2d 759 (Court of Appeals of South Carolina, 2018)
Arata v. Arata
Court of Appeals of South Carolina, 2014

Cite This Page — Counsel Stack

Bluebook (online)
742 S.E.2d 6, 402 S.C. 458, 2013 WL 342676, 2013 S.C. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-johnson-scctapp-2013.