Beitelspacher v. Winther

447 N.W.2d 347, 1989 S.D. LEXIS 167, 1989 WL 123199
CourtSouth Dakota Supreme Court
DecidedOctober 18, 1989
Docket16388, 16389
StatusPublished
Cited by26 cases

This text of 447 N.W.2d 347 (Beitelspacher v. Winther) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beitelspacher v. Winther, 447 N.W.2d 347, 1989 S.D. LEXIS 167, 1989 WL 123199 (S.D. 1989).

Opinions

HENDERSON, Justice.

CASE SUMMARY

We affirm the trial court’s decision on a contract for deed foreclosure, with the exception of a double counting of improvements made by the Buyers which wrongly skews the balancing of equities. Thus, we affirm in part and reverse and remand in part.

PROCEDURAL HISTORY/ISSUES

Plaintiffs/appellants Reuben 0. Beitel-spacher and Ruth Beitelspacher (Sellers) initiated an action to foreclose on a 1977 contract for deed in the circuit court for Brown County after defendants/appellees Elden L. Winther and Antoinette Winther (Buyers) failed to make a final $123,585 balloon payment. After a non-jury trial, judgment was entered foreclosing Buyers’ rights under the contract for deed, subject to Sellers’ payment of $35,126.84 to Elden Winther. This sum represented an adjustment of the equities between the parties under SDCL 21-50-2 and per this Court’s unanimous decision in Dow v. Noble, 380 N.W.2d 359 (S.D.1986).

Sellers contend, in their Notice of Appeal No. 16388, that the trial court erred in four regards:

1. The equitable adjustment formula of Dow v. Noble is inconsistent with SDCL Ch. 21-50;
2. Dow v. Noble should not be given retrospective application; .
3. If the Dow v. Noble formula applies, the trial court did not properly implement it (Sellers created six separate sub-issues on this point which are treated below); and,
4. A default judgment initially entered against Antoinette Winther should not have been set aside under SDCL 15-6-60(b) (this is essentially a red herring, but, having been raised, it is treated below).

Buyers assert, by Notice of Review, No. 16389, that the trial court erred in four aspects concerning adjustment of the equities between these parties:

1. A WEB easement penalty was improperly assessed as a detriment to the property;
2. Excessive attorney’s fees were awarded to Sellers, as the trial court failed to determine what portion of Seller’s claimed fees were reasonable;
3. Interest on the value of the payments made to Sellers should have been considered in balancing the equities; and,
4. Increases in “ASCS crop bases” should have been included in the equitable balancing process as they were a benefit to the property.

FACTS

On September 30, 1977, Sellers and Buyers signed a contract for deed on Sellers’ farm, which comprised 433 acres of pasture, 177 acres of cropland, and a 16-acre building site. The contract called for, inter alia, a total purchase price of $294,400, with $8,000 to be paid up front, and $77,376 due by October 16, 1977. These payments were made by Buyers. The remaining unpaid principal balance ($209,024) plus interest was to be paid in annual installments of $10,451.20 plus interest. A final balloon payment of $123,585.44 was due on November 1,1987. The Buyers did not make their balloon payment, as Elden Winther, one of the Buyers, tried to secure financing, but failed.

The Buyers, who were married to each other at the time they entered the contract for deed, became embroiled in a divorce action. In 1987, Antoinette Winther sought a divorce in the Circuit Court for Brown County, and was granted a judgment and decree of divorce dated February 2, 1988. Interestingly, the Buyers’ trial in the divorce action was held on October 27, 1987, only five days before the final balloon [350]*350payment on the contract for deed was due. The divorce decree directed Antoinette to deed her interest in the real property, subject to the contract for deed, to Elden, who was to assume all indebtedness related to such property.

Meanwhile, on January 5, 1988, as Buyers had missed their balloon payment, the Sellers initiated this foreclosure action. Although Antoinette had signed the contract for deed, she was directed by the divorce decree to transfer her interest, via quit claim deed, to Elden. She was not served with a certificate of readiness for trial, which “must be served” under SDCL 15-6-40(b), although the statute also provides that “[a]ny or all of the requirements of this rule may be dispensed with in any given case by the judge assigned to it.” Antoinette did not appear at the trial, and a default judgment was entered against her. Six days after she was served with notice of the default judgment, Antoinette filed a motion, with supporting affidavit, for relief from judgment under SDCL lS-e-GOlb).1 Her motion was granted by the trial court.

At the trial itself, evidence regarding the fair rental value of the property was contradictory. Although the Sellers, by their notice of appeal, allege that the trial court erred in finding that a fair rental value of the property was $20 per acre, Reuben Beitelspacher testified that such value, for cropland and pasture, was in a $20-$25 range.

The trial court determined that the total benefit to the Sellers was $308,764.16 and Seller's total detriment was $273,637.32. The trial court made an equitable adjustment for the difference in these figures, $35,126.84, which Sellers were to pay to Buyers.

Mathematically, the trial court’s equitable adjustment breaks down as follows:

Sellers’ Detriment

1. Rent: $ 99,162.11

2. Easement Payment to Buyers: $ 300.00

3. Loss of Land Value: $147,044.00

Sellers' Detriment

4. Expense of Original Sale: $ 5,838.00

5. Miscellaneous Expenses in Land Recovery: $ 21,293.21

TOTAL DETRIMENT: $273,637.32

Sellers’ Benefits

1. Principal Paid: $179,336.80

2. Interest Paid: $114,179.36

3. Improvements Made by Buyers: $ 15,248.00

TOTAL BENEFIT:

$308,764.16

Thus, the trial court’s finding under the equity adjustment formula of Dow v. Noble was reached by subtracting $273,637.32 from $308,764.16, yielding $35,126.84.

DECISION

A. Seller’s Notice of Appeal (No. 16388)
I. Applying Dow v. Noble and SDCL Ch. 21-50 to the facts.

Sellers first argue that rules of statutory construction render Dow v. Noble, 380 N.W.2d 359 (S.D.1986) inconsistent with provisions of SDCL Ch. 21-50. Two particular statutes, SDCL 21-50-2, 21-50-3 are relied upon in Sellers’ argument. SDCL 21-50-2

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Beitelspacher v. Winther
447 N.W.2d 347 (South Dakota Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
447 N.W.2d 347, 1989 S.D. LEXIS 167, 1989 WL 123199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beitelspacher-v-winther-sd-1989.