Pires v. Pires

2011 Mass. App. Div. 23, 2011 Mass. App. Div. LEXIS 1
CourtMassachusetts District Court, Appellate Division
DecidedFebruary 7, 2011
StatusPublished

This text of 2011 Mass. App. Div. 23 (Pires v. Pires) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pires v. Pires, 2011 Mass. App. Div. 23, 2011 Mass. App. Div. LEXIS 1 (Mass. Ct. App. 2011).

Opinion

O’Shea, J.

After a jury-waived trial of those actions, judgment was entered in favor of Edward against Irene for breach of contract, and against Eric for $5,161.29 in unpaid rent. Irene was required to purchase Eric’s interest in the property and to divide the land pursuant to the 1987 agreement between the parties. The trial court clerk added interest to the court’s award, and entered judgment. Edward filed a motion to amend judgment, which was denied. After Edward filed a notice of appeal, the trial judge ordered judgment to be entered without interest. Edward now argues on this appeal that the trial court erred in failing (1) to assess damages against Irene after finding that she had breached the parties’ contract, and (2) to include prejudgment interest on the damages assessed against Eric.

The facts as found by the trial judge in his September 25, 2009 decision are that the property was owned in the spring of 1987 by Francisco Pires (“Francisco”) and [24]*24his brother Joseph Pires (“Joseph”), each of whom held an undivided 8/ 18ths interest in the property. The remaining 2/18ths interest was held by their sister, Mary Pires (“Mary”). The three siblings held the property as tenants in common. Mary eventually sold her interest to Francisco and Joseph as tenants in common. Francisco’s son, Edward, took up residence in the 453 House. On March 30,1982, after Joseph threatened to evict his nephew, Edward, Francisco conveyed a 4/18ths interest in the property to Edward. Edward was made a tenant in common, and was to hold the property in trust for the benefit of Francisco.

In 1987, another disagreement arose between Francisco and Joseph when the two brothers were having financial trouble. Joseph brought an action to partition the property. But on September 8,1987, Francisco and Edward obtained a $220,000.00 mortgage on the property, and bought out Joseph’s interest. A deed was executed on that date and accepted for registration. A certificate of title recited that Francisco held an undivided 5/18ths interest and Edward held an undivided 13/18ths interest. Edward paid $226,714.86 on the date of the closing.

Prior to the actual purchase of Joseph’s interest, an agreement was executed on July 2, 1987 (the “1987 agreement”) by Francisco, his wife, Irene, Edward, and Edward’s wife, Susan Pires (“Susan”) relative to the purchase. The agreement stated:

[I]t is intended that the property will be divided as follows:
a. Francisco Pires will be sole owner of the land which includes his present residence and the large garage next to it.
b. Edward Pires will be sole owner of the other two residences including the one he presently occupies and the one presently occupied by Joseph Pires and the small garage next to Joseph Pires’ present residence.
c. The remainder of the land will be divided by Francisco Pires and Edward Pires as they will mutually agree but with each owning his own share separately and exclusively. It is the intent of the parties that Francisco Pires will be the sole exclusive owner of approximately one half and that Edward Pires wall be the exclusive owner of the other one half overall.

Following the buyout of Joseph’s interest, Francisco and Irene resided in, and paid real estate taxes on, the 479 House. Edward paid the real estate taxes on the 453 and 471 Houses, occupied the 453 House, and leased the 471 House to Eric. Francisco died on October 6, 1996 and left his interest in the property to Irene. A new certificate of title was issued on May 13,2002 by the Bristol County registry district of the Land Court to show that Irene held Francisco’s undivided 5/18ths interest.

In March, 2001, Edward ordered Eric to vacate the 471 House that he had been renting for $500.00 per month. Eric refused to move out and continued to occupy the house, but stopped paying his rent in September, 2001. To prevent Eric from being evicted by Edward, Irene deeded l/18ths of her 5/18ths interest in the property to Eric on April 30, 2002.

The trial court found that Irene breached the 1987 agreement by conveying l/18ths of her interest in the property to Eric, and ordered her to repurchase Eric’s [25]*25interest and to divide the land in accordance with the 1987 agreement. As noted, the court also awarded Edward $5,161.29 in damages against Eric for his unpaid rent.

1. Edward’s initial argument on this appeal is that the trial court erred in failing to award him damages for Irene’s breach in addition to specific performance. He contends that such damages are warranted because Irene’s conduct has deprived him of Eric’s rent since July 11,2002, and will continue to so deprive him until Irene purchases Eric’s l/18th interest and Edward obtains possession of the property. Conversely, Irene and Eric argue that Edward is not entitled to compensatory damages that he could have avoided; and that, because the property has never been divided, Edward is also in breach of the 1987 agreement and cannot recover damages.

There is no question that the trial court had the requisite jurisdictional authority to order specific performance in this case.3 Further, “[t]he fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract ... if the court finds that no other existing remedy, or the damages recoverable thereby is in fact the equivalent of the performance promised by the contract relied on by the plaintiff, and the court may order specific performance if it finds such remedy to be practicable. If performance is not ordered, damages may be determined in the proceeding....” G.L.c. 214, §1A.

Specific performance is appropriate where, as in this case, an adequate remedy at law is unavailable, and the advantage gained will not be disproportionate to the “practical burdens of enforcement.” Atlantech Inc. v. American Panel Corp., 540 F. Supp. 2d 274, 285 (D. Mass. 2008). Given the terms of the 1987 agreement, an adequate remedy at law was unavailable, and the advantage of partitioning the property pursuant to the agreement outweighed any practical burdens. Granting specific performance in cases involving real property is often more equitable than allowing damages. See Greenfield Country Estates Tenants Ass’n, Inc. v. Deep, 423 Mass. 81, 88 (1996). While damages were a possible remedy in this case under G.L.c. 214, §1A, the court acted within its authority in finding that the damages alleged were not equivalent to the contract performance, and were not required once specific performance was ordered.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 Mass. App. Div. 23, 2011 Mass. App. Div. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pires-v-pires-massdistctapp-2011.