Hammock v. Miller (In re Estate of Miller)

551 S.W.3d 625
CourtMissouri Court of Appeals
DecidedJune 5, 2018
DocketNo. ED 105880
StatusPublished
Cited by1 cases

This text of 551 S.W.3d 625 (Hammock v. Miller (In re Estate of Miller)) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hammock v. Miller (In re Estate of Miller), 551 S.W.3d 625 (Mo. Ct. App. 2018).

Opinion

KURT S. ODENWALD, Judge

Introduction *627Jesse C. Hammock, II ("Hammock") appeals from the probate court's order denying his claim against the estate of Warren K. Miller ("the Estate"). Hammock filed a claim against the Estate for $9000, seeking remuneration for his performance of four concerts. In his sole point on appeal, Hammock contends that the probate court misapplied the law because the undisputed facts establish his right to recover on his account-stated claim. Because Hammock's claim is not based upon a prior debtor-creditor relationship between him and Warren Miller, we reject Hammock's claim and affirm the probate court's ruling.

Factual and Procedural History

In early 2016, Warren K, Miller ("Decedent") hired Hammock, a musician, to perform four shows scheduled for May 21, June 26, September 17, and October 8.1 Hammock and Decedent were friends, and Hammock had previously put on shows for Decedent. Hammock performed both individually and as a member of his band, Powder Mill. Decedent paid Hammock $3000 as a total cash deposit for the May 21, September 17, and October 8 shows. As a deposit for the June 26 show, Decedent issued Hammock a check for $2000.

On May 15, almost a week before the first show, Decedent sent Hammock a text message, stating that "I still owe ya $2K cash for 5/21. If ya need it before next weekend, just let me know." Decedent sent Hammock a second text message: "Also, after deposits I still owe you the following: 6/26 Mill @ $3K, 9/17 JCH2 @ $1K, & 10/8 Mill @ $3K. Let me know if that jives with your book."2 Hammock responded affirmatively. The text messages were consistent with previous discussions between Hammock and Decedent regarding the negotiated price for each respective show.

On May 17, two days after the text-message conversation, Decedent died unexpectedly. Hammock learned of Decedent's death shortly thereafter. Hammock performed the May 21 and June 26 shows as planned, notwithstanding Decedent's death or the efforts of Patrice Miller ("Miller"), Decedent's widow, to cancel each performance. The probate court later appointed Miller as the personal representative of the Estate. Miller obtained an ex parte order against Hammock.

Regarding the September 17 show, Hammock allegedly arrived at the venue and learned that a different musician had replaced him. Hammock did not perform on September 17. The ex parte order obtained by Miller prevented Hammock from putting on the October 8 show at the planned venue, which was located on Decedent's property. Hammock instead played at a nearby venue. Hammock purportedly paid, inter alia , his band, travel costs, and a production company for all four scheduled engagements. Hammock could not recall if he ever received any of the deposits.

Hammock later filed a claim against the Estate seeking $9000 in compensation for the four concerts. Miller, in her capacity as personal representative of the Estate, objected. After a hearing, the probate court denied Hammock's claim. This appeal follows.

*628Standard of Review

We affirm the court's decision, as in any court-tried probate case, unless there is no substantial evidence to support the decision, it is against the weight of the evidence, the court erroneously declares the law, or the court erroneously applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976) ; In re Barnard, 484 S.W.3d 833, 837 (Mo. App. E.D. 2016) ; Miller v. Swearingen (In the Estate of Spray), 77 S.W.3d 25, 26 (Mo. App. E.D. 2002).

Point on Appeal

In his sole point on appeal, Hammock contends that the probate court misapplied the law because the undisputed facts establish his right to recover on his account-stated claim.

Discussion

Hammock argues that the text-message conversation between him and Decedent on May 15 conclusively demonstrates his right to recover $9000 on the theory of account stated. We disagree.

"An account stated is an agreement between parties, having had previous financial transactions, that a balance struck is correct and due between them, and a promise by the debtor, either express or implied, to pay the balance." Scheck Indus. Corp. v. Tarlton Corp., 435 S.W.3d 705, 721-22 (Mo. App. E.D. 2014) (quoting Grant Selsor & Sons Lumber Co. v. Wood, 872 S.W.2d 150, 153 (Mo. App. S.D. 1994) ). To establish a claim for account stated, the claimant must prove that "(1) the parties had prior financial dealings, an open account; (2) the parties reached an agreement as to the amount due and owing on that account; and (3) the debtor acknowledged this obligation and made an unconditional promise to pay." Id. at 722 (quoting Grant Selsor & Sons Lumber Co., 872 S.W.2d at 153 ).

Importantly, a claim premised on the theory of account stated must be predicated on some prior transaction that created a debt due from one party to the other. Whelan's, Inc. v. Bob Eldridge Constr. Co., 668 S.W.2d 244, 247 (Mo. App. W.D. 1984) ; Gerstner v. Lithocraft Studios, Inc., 258 S.W.2d 250, 253 (Mo. App. St. Louis 1953) ; see PJ's Concrete Constr., Inc. v. Gust, 983 S.W.2d 640, 642 (Mo. App. S.D. 1999). To that end, the claimant must establish the existence of an antecedent debtor-creditor relationship between the parties at issue, arising before the purported statement of account. See Crist Sod Co. v. Bruce, 599 S.W.2d 43

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Bluebook (online)
551 S.W.3d 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammock-v-miller-in-re-estate-of-miller-moctapp-2018.