Craft v. Politte

454 S.W.2d 534, 1970 Mo. LEXIS 979
CourtSupreme Court of Missouri
DecidedMay 11, 1970
DocketNo. 54704
StatusPublished
Cited by9 cases

This text of 454 S.W.2d 534 (Craft v. Politte) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craft v. Politte, 454 S.W.2d 534, 1970 Mo. LEXIS 979 (Mo. 1970).

Opinion

HOUSER, Commissioner.

On March 17, 1967 Monte Craft brought an action in equity against Gentry R. and, Georgetta Politte, d/b/a Politte Funeral Home, in three counts. Craft died before the case was tried. The action was revived in the name of his widow Rose Marie, individually and as his executrix, and his daughter Esther Catherine Evens, both of whom under his will have an interest in all property left by him. This is an appeal from the chancellor’s decree finding for defendants on all three counts.

Plaintiffs alleged in Count I that at the instance and request of defendants, Monte Craft purchased certain real estate in Fes-tus for conversion to a funeral home to be used by defendants in the operation of defendants’ funeral business; that defendants, using money advanced by Craft, completed reconstruction and rebuilding of the improvements; that Craft advanced a total of $66,607.45 for the real estate, expenses of reconstruction, taxes and insurance; that prior to the purchase and the making of these advances defendants promised to [535]*535repay Craft for all amounts advanced and expended and to give Craft security on the real estate after the same was transferred to defendants; that relying upon the promises of defendants Craft conveyed the real estate to defendants but that defendants, although requested, have failed to secure the payment of the debt by the execution of a note and deed of trust or otherwise, but have merely paid Craft $175 per month for a total of $12,250. The prayer was for specific performance of the alleged contract and an order on defendants to execute and deliver their promissory note for $66,607.45 plus interest and a deed of trust to secure payment of the note.

In Count II plaintiffs realleged the allegations of Count I and further alleged that defendants have refused to recognize Craft’s interest in the property and that plaintiffs are without an adequate remedy at law. The prayer was for a decree enforcing a resulting trust in the premises, declaring defendants trustees of the property for plaintiffs; setting aside the deed from Craft to defendants, for an accounting of rents and profits “and for such other and further relief as to the Court may seem fit and proper.”

In Count III plaintiffs realleged the allegations of Count I, and further alleged that by reason of these facts defendants are justly indebted to plaintiffs in the sum of $66,607.45 and prayed for judgment in that sum plus interest.

Defendants denied generally, pleaded the statutes of frauds and limitations; set up the deed from Craft to defendants as a complete release of all claims to the premises; alleged that any payments made by Craft were voluntary and as a gift, and alleged that the agreement was that defendants pay Craft $175 a month for and during his life and that defendants have performed their part of the agreement.

The trial chancellor made a general finding for defendants on each of the three counts without making any specific findings of fact or disclosing the basis upon which the court acted.

On this appeal plaintiffs do not contend that they are entitled to specific performance, or a decree enforcing a resulting trust. They have abandoned Counts I and II. Plaintiffs’ third pleaded theory of recovery (Count III) was that of debt. Plaintiffs seek a judgment in this Court impressing an equitable lien upon the property for the amounts advanced and expended by Craft, which they fix at $70,018.22 plus interest, less the amounts paid by defendants ($12,950). They assert that there was an oral contract to repay, and assert their right to an equitable lien under the . broad powers of a court of equity and under the prayer for general relief in Count II.

Specifically, plaintiffs charge that the court erred in finding that there was no parol agreement on the part of defendants to reimburse Craft, and in finding that plaintiffs are not entitled to an equitable lien in the property, claiming that “the remedy of one whose monies have been used in the purchase and improvements of real property without security is by impressing an equitable lien.” Plaintiffs further seek to show that the adverse ruling could not properly have been made on the theory that Craft made a gift of the property to defendants, or on the basis of the defenses of the statutes of frauds and limitations.

In an equity action we review the entire record upon both the law and the evidence, determining the credibility, weight and value of the oral testimony and other evidence in the case, and making our own determination of the facts. In so doing we give due deference to the findings of the trial court when proper and do not set aside the judgment unless clearly erroneous. Pope v. Cox, Mo.Sup., 417 S.W.2d 929; Tinnon v. Tanksley, Mo.Sup., 408 S.W.2d 98.

[536]*536Both sides agree that there was an oral agreement between Craft and the Polittes but they disagree as to the terms of the agreement. Craft, who testified by deposition shortly after suit was filed, related that the Polittes had agreed to reimburse him for all outlays made by Craft for the purchase of the property and for the cost of reconstruction; that Craft was satisfied at first to accept $175 a month because the Polittes were not then financially able to pay more but after a couple of years he felt that he should have more; that the Polittes agreed “to do something about it” —“to fix something up” and “get it straightened out” but that nothing in addition to the $175 monthly payments ever materialized. The Polittes on the other hand testified that Craft agreed to buy and pay for the property and improvements; that Craft wanted the property to be that of the Polittes, who agreed to pay Craft $175 a month for the remainder of his life, but that there was no agreement for total reimbursement or to give Craft a promissory note or a deed of trust on the property. Our review of the whole record leads us to the same conclusion reached by the trial chancellor. We are fully satisfied that the testimony of the Polittes, as corroborated by the Polittes’ son, and their son-in-law and Craft’s lawyer, truly reflects the agreement of the parties, and that Craft’s testimony as to the terms of the agreement should not be accepted. Accordingly, we find the facts to be as follows :

Monte Craft was married three times. His first wife died shortly after the birth of his only child, Esther Catherine. His second wife, Pauline, sister of defendant Gentry R. Politte, died in 1959. He married his third wife, Rose Marie, in 1963, and lived with her until his death on July 11, 1967.

There was a very strong attachment between Pauline and Gentry. Pauline, who was 11 years his senior, took care of Gentry after the death of their mother, which occurred when Gentry was 12. When Pauline and Craft were married Gentry at their request was excused from classes at high school to “stand up with them.” Craft was a successful farmer and resort operator. Pauline taught school to supplement their income. Craft and Pauline encouraged the Gentry Polittes to move from Illinois to Crystal City in 1937, and enabled them to get into the funeral home business by lending them $2,500 cash to finance the transaction. Gentry and his parents signed a note evidencing this loan, and the Po-littes paid the interest on this note. A warm, close personal relationship developed between Craft, Pauline, Gentry and Geor-getta.

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

Related

Stanovsky v. Group Enterprise & Construction Co.
714 S.W.2d 836 (Missouri Court of Appeals, 1986)
Weber v. Missouri State Highway Commission
639 S.W.2d 825 (Supreme Court of Missouri, 1982)
Krekeler v. Suburbia Gardens Nursery, Inc.
501 S.W.2d 851 (Missouri Court of Appeals, 1973)
Farmers Mutual Fire & Lightning Ass'n v. La Vallee
501 S.W.2d 69 (Missouri Court of Appeals, 1973)
Whitmore v. Kansas City Star Company
499 S.W.2d 45 (Missouri Court of Appeals, 1973)
Bruce v. Spillman
497 S.W.2d 196 (Missouri Court of Appeals, 1973)
State Farm Mutual Automobile Insurance Co. v. McBride
489 S.W.2d 229 (Missouri Court of Appeals, 1972)
Mission Insurance Company v. Ward
487 S.W.2d 449 (Supreme Court of Missouri, 1972)
Peerless Supply Co. v. Industrial Plumbing & Heating Co.
460 S.W.2d 651 (Supreme Court of Missouri, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
454 S.W.2d 534, 1970 Mo. LEXIS 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craft-v-politte-mo-1970.