Kidder v. Harding

582 P.2d 747, 177 Mont. 499, 1978 Mont. LEXIS 837
CourtMontana Supreme Court
DecidedJune 28, 1978
DocketNo. 14038
StatusPublished

This text of 582 P.2d 747 (Kidder v. Harding) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kidder v. Harding, 582 P.2d 747, 177 Mont. 499, 1978 Mont. LEXIS 837 (Mo. 1978).

Opinion

MR. CHIEF JUSTICE HAS WELL

delivered the opinion of the Court.

Defendants appeal from a judgment of the District Court, finding that they were unjustly enriched by plaintiffs’ services and ordering them to make restitution to plaintiffs.

Defendants Herschel and Beatrice Harding were the owners of a 270 acre ranch located in the Yaak area of Lincoln County, Montana. In March 1975, Herschel Harding telephoned the plaintiffs, Lloyd S. R. “Buck” Kidder and his wife, Ella, who were longtime friends of defendants, to see if they would like to come live on their property. In the following weeks Buck and his family met twice with defendant at defendants’ ranch to discuss the matter. The content of their conversations and resulting agreement is in dispute. Buck Kidder claims that in his phone call with Herschel, Herschel asked Buck if he would lease defendants’ farm property and live on it. Buck alleged that their following conversations resulted in an agreement in which the Hardings would lease their ranch to the Kidders for 20 years and would deed them 20 acres of land from a portion of the property on which the Kidders could build a house. Buck was to have complete control of all farming activities, complete use of all farm equipment, retain all income from the haying operation, and raise as many cattle as he wished. In return he was to raise a certain amount of cattle for the Hardings, pay the taxes on the property, pay the Hardings’ utilities when they were not there, and generally to keep the place in order.

Herschel Harding claims that when he phoned Buck, he only asked him if he would move onto his place and take care of it. Both he [501]*501and his wife were elderly and no longer interested in farming the property. They had children living elsewhere whom they wished to visit occasionally, and only wanted a caretaker to watch their place while they were gone. Herschel alleged that Buck said he would come if Herschel would lease the property to him for 20 years, but that Herschel refused to do so because he was then 70 years old and probably would not be living at the end of the lease. Buck then asked Herschel for a piece of land on which to build a house, but Herschel said he would give him land only if everything turned out satisfactorily. Herschel initially contemplated that Buck could keep his job with the Forest Service, but transfer working stations from Troy to Sylvanite, Montana, so he could commute from the ranch. Buck, however, wanted to work the property if he moved. Consequently, Herschel agreed to let Buck have the hay frony his haying operation and Herschel’s cattle, providing Buck raised a certain number of cattle for him.

Buck quit his job with the Forest Service and in early June, 1975, he and one of his sons moved from Troy to the Hardings’ ranch. His wife Ella continued to work for the Forest Service until she moved to the ranch in August. As part of their agreement Hardings provided the Kidders with a trailer in which to live.

While on the ranch Buck repaired the Hardings’ old farm equipment, repaired broken fences, put up electric fences to keep the cattle in, made temporary repairs to part of the barn roof, cut rails and posts for new fencing, and cut and baled hay. With the help of Louis Nelson and George Powers, he cut timber from a portion of the ranch to clear the area for a highland pasture. From the proceeds obtained from selling the timber, Buck paid Nelson and Powers about $800 each and kept the remaining $800 himself. In addition he cut and baled hay at the neighboring Creesey place and later sold his share of the hay for $700. He also received $750 from a contract with the Forest Service to mow weeds along the highway. After deducting his expenses, Buck gave half the proceeds from this contract, $340, to the Hardings. In October, 1975, a dispute arose between the Kidders and the Hardings over the use of [502]*502some equipment, after which the Kidders left the Hardings’ ranch. The Kidders claim that Herschel told them to leave; the Hardings claim the Kidders left of their own choice.

On November 20, 1975, the plaintiffs filed suit in District Court, Lincoln County, alleging that defendants leased their property to plaintiffs for 20 years and agreed to deed plaintiffs 20 acres of their land; that plaintiffs were to conduct farm and ranch operations on defendants’ land, to raise cattle, and to pay taxes and utilities for defendants in consideration for the lease and deed; that Buck Kidder quit his job with the Forest Service in reliance upon defendants’ promises and consequently lost wages and his permanent position with the Forest Service; and that plaintiffs worked defendants’ land and made various expenditures in connection with their work. Plaintiffs sought specific performance of the agreement to lease defendants’ ranch and to deed 20 acres of land to them and damages totaling $18,447.90. In the alternative they sought restitution of $18,447.90, resulting from their detrimental reliance upon defendants’ promise and defendants’ unjust enrichment.

At trial plaintiffs presented evidence showing the oral agreements to lease the defendants’ ranch and to deed property to them, evidence of the amount and kind of work they did on the ranch, evidence of the expenditures they made, and evidence of the value of plaintiffs’ services to defendants. After the District Court granted plaintiffs’ motion to amend the pleadings to conform to the evidence presented at trial, specifically to include a theory of recovery under quantum meruit.

On June 9, 1977, the District Court entered its findings of fact, conclusions of law, and judgment. It found, among other things, that defendants had offered to lease their land to plaintiffs for 20 years; that defendants were to deed plaintiffs 20 acres of their land; that in reliance upon defendants’ promises Buck Kidder quit his job with the Forest Service and plaintiffs moved to defendants’ ranch; that plaintiffs performed valuable services for defendants from which defendants benefited; that Buck Kidder paid Louis Nelson $815 and paid George Powers $839.22 for their help on the log[503]*503ging operations; that plaintiffs made expenditures of $571.71 for which they had receipts and expenditures of $300 for gasoline for which they did not have receipts; and that the reasonable value of a farmland’s services in the Yaak area during summer and fall of 1975 was $400 per month, plus room and board.

The District Court made no findings as to what arrangement existed between the Kidders and the Hardings concerning the timber cutting project, the weed mowing project, and the hay cutting project at the Creesey’s. At trial both Buck and Herschel agreed that the agreement to cut timber was separate from the “base” of the ranch property. Buck alleged that Herschel agreed to give him the proceeds from the sale of the timber for clearing the land; Herschel alleged that the proceeds were to be used to purchase a used “cat” to help with future work as to hay cutting at the Creesey’s. Herschel told Buck that the hay was for sale and told him what percentage of the baled hay to charge for cutting the hay. As to mowing weeds for the Forest Service, no explanation was given why Buck split the proceeds with the Hardings. Buck used the Hardings equipment in both the hay cutting and weed mowing projects.

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Bluebook (online)
582 P.2d 747, 177 Mont. 499, 1978 Mont. LEXIS 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kidder-v-harding-mont-1978.