Callon v. Callon

185 N.W.2d 762, 1971 Iowa Sup. LEXIS 753
CourtSupreme Court of Iowa
DecidedApril 9, 1971
DocketNo. 54415
StatusPublished
Cited by2 cases

This text of 185 N.W.2d 762 (Callon v. Callon) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callon v. Callon, 185 N.W.2d 762, 1971 Iowa Sup. LEXIS 753 (iowa 1971).

Opinion

REES, Justice.

This is an action in equity brought by Irene M. Callón, surviving widow, Dennis Callón and Diane Callón Brenneman, children and issue of the marriage of the plaintiff Irene M. Callón and her deceased husband, Raymond Callón, to enforce an alleged agreement entered into in June, 1943, by and between the defendant Floyd E. Callón and Raymond Callón, now deceased. The defendant Vivian E. Shimon is a daughter of her co-defendant Floyd E. Callón, with whom defendant Floyd E. Callón entered into a written contract for the sale of the farm premises which are the subject matter of the cause, said contract having been entered into on November 22, 1968. Defendants appeal from a decree and judgment of the trial court finding plaintiffs had established by clear, satisfactory and convincing testimony the agreement made in 1943 and its performance by plaintiffs Irene and Dennis Callón and by Raymond Callón, deceased. We affirm the trial court.

In June, 1943 Raymond Callón, who was about to be married to plaintiff Irene Callón, held a meeting with defendant Floyd Callón and his wife, Evelyn. Raymond Callón was then 26 years of age. Defendant Floyd Callón at that time submitted an offer to Raymond Callón in which he held out the proposal that if Raymond were to remain on the farm after his marriage, do all of the farm field work, the crops were to be sold in the name of defendant Floyd Callón, and that Raymond and his family would receive amounts sufficient to pay the family living expenses and the farm operating expenses would be paid by defendant Floyd, and that the payments of principal and interest on the mortgage on the farm were to be paid, and when the mortgage was retired and paid off entirely, the profits from the operation of the farm were to be divided 50-50. Defendant Floyd Callón further agreed that he would make a will wherein he would provide for a life estate in the farm premises to his wife, Evelyn, in the event she survived him, and upon her death the farm would become the property of Raymond. The offer was accepted by Raymond by Raymond saying, “That’s the way we will do it, Dad.”

Floyd Callón was at that time and continued to be occupied in the work of doing custom corn shelling. After Irene and Raymond were married, they lived in the Floyd Callón home with Raymond’s parents until a second house was erected on the farm premises, which Raymond and Irene occupied, and in which Irene and her son Dennis still live. The second house was a rebuilt dwelling which had been purchased by defendant Floyd, was torn down and moved to the Callón farm and reconstructed. The foundation and plastering and the frame work of the house were done with hired labor, but Raymond and Irene, with the help of neighbors, did the rest of the building on the house, and completed it in November, 1944.

Raymond Callón did repair work on the farm buildings, cleared rocks out of the pasture, built a chicken house, made improvements to the house by installing cupboards and linen closets and a furnace, and put an addition on the back porch. All of the materials which went into such improvements were paid for by Raymond and Irene. Raymond and Irene also installed a bathroom in their dwelling, straightened up the barn, installed feeding floors and painted the farm buildings. They paid for all of the materials for such work. In addition, Raymond in his lifetime installed hardwood floors in his parents’ home, dropped the ceilings in certain of the rooms, doing all of the labor himself, but with the materials being paid for by his father.

Floyd Callon’s wife, Evelyn, died in 1964. In June of 1965 Raymond Callón became ill and after an exploratory operation he was diagnosed as having a ter[764]*764minal cancer. After his illness was so diagnosed, a meeting between Raymond, the plaintiffs Irene and Dennis Callón, and the defendant Floyd was held in June, 1965. Raymond advised his father that he had been told by his doctors that he had a cancer, and that he would never again be able to work in the field. In response to this statement, Floyd Callón said to him, “You don’t have to worry about a thing.” That he would make sure everything stayed the same. Raymond died October 27, 1965.

At the meeting between Raymond, Irene, Dennis and Floyd Callón in June of 1965, and after Raymond had informed his father that he would not be able to do field work, Raymond asked his father if Dennis could continue doing the field work in his place. In response thereto the defendant Floyd Callón said it would be all right for Dennis to do the farm work, and that everything would remain the same. During his father’s terminal illness, and following his death, Dennis continued to operate the farm with his mother on the same 50-50 basis, the grain being sold in the grandfather’s name and the division of proceeds made between Floyd, Irene and Dennis. The 50-50 division of proceeds from the operation of the farm has attended ever since the mortgage was retired in 1960.

Some time shortly subsequent to Raymond Callon’s death, plaintiff Irene Callón went to the office of Mr. Desmond Crotty, an attorney in Pocahontas, for the purpose of securing his professional services in connection with the probate of her husband’s estate. Her father-in-law, Floyd Callón, accompanied her to Mr. Crotty’s office. After having retained Mr. Crotty to represent the fiduciary of Raymond Callon’s estate, a conversation ensued in which Mr. Crotty was advised of the arrangement between Floyd, Raymond and Irene with respect to the Callón farm, as above detailed, and of the further discussion between the parties at the time it became known Raymond would not be able to continue the field work when he had been diagnosed as having a terminal illness. At that time, defendant Floyd Callón advised Mr. Crotty that because of the death of Raymond, he intended seeing his own attorney to have his will changed to leave a life estate in the farm to Irene Callón and the remainder over to her children, Dennis and Diane. Mr. Crotty testified that the same statement in substance was made to him by Floyd Callón on several occasions when he came to Mr. Crotty’s office. The amiable relationship between Floyd Callón and Irene became strained when he accused her of stealing a clock and a set of ornamental horns, this accusation having been made in January, 1967. The following month, when Irene went to her father-in-law’s home to take care of the housework, he laid hands on her and pulled her over on his lap and asked her to marry him. After this incident, Irene never again went alone to her father-in-law’s home, was always accompanied by Dennis, and Dennis took his grandfather to task for having so treated his mother.

The contract between Floyd Callón and his co-defendant, the daughter Vivian Shi-mon, was entered into on November 22, 1968, provided for a sale of the farm premises at $400 per acre, a $500 down payment, and interest at five and one-half percent per annum with principal payments extending over a period of 20 years. It appears from the record that Floyd Callón knew at the time he entered into the contract with Vivian Shimon, the fair and reasonable market value of his farm was $600 per acre. After the relationship between Floyd and Irene had worsened, he served notices to terminate tenancy upon Irene and Dennis, but took no further action after they had been served to remove Irene and Dennis from the premises.

I.

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Bluebook (online)
185 N.W.2d 762, 1971 Iowa Sup. LEXIS 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callon-v-callon-iowa-1971.