Sassenrath v. Sassenrath

624 S.W.2d 77, 1981 Mo. App. LEXIS 3142
CourtMissouri Court of Appeals
DecidedSeptember 1, 1981
DocketNo. 41741
StatusPublished
Cited by5 cases

This text of 624 S.W.2d 77 (Sassenrath v. Sassenrath) 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
Sassenrath v. Sassenrath, 624 S.W.2d 77, 1981 Mo. App. LEXIS 3142 (Mo. Ct. App. 1981).

Opinion

STEPHAN, Judge.

Plaintiffs-appellants Gary and Carolyn Sassenrath (hereinafter plaintiffs) sued Gary’s parents Henry and Helen Sassenrath (hereinafter defendants) to impose a constructive trust on a certain parcel of land for the benefit of plaintiffs. In a second count, plaintiffs sought to recover on the theory of quantum meruit the value of services allegedly rendered by Gary in helping to build a house on the land in question. The cause was tried without a jury. The circuit court refused to impose the constructive trust, but awarded plaintiffs $8,500 in quantum meruit. We affirm.

The facts of the case are as follows. In September 1976, Gary made an oral agreement with his parents. The subject of the agreement was the construction of a dwelling on a portion of his parents’ land. The dwelling was to be built by Gary and his father, both of whom were experienced in carpentry and related skills. Henry Sassen-rath agreed to pay for the building materials. It was expected by the parties that Henry would spend roughly $10,000 on the house, as this was the amount that he had given to assist another of his children. Henry testified at trial that he had told Gary at the time of the oral agreement that he only had $8,000 to spend on materials the first year and that the house would not be finished until Henry was able to supplement that amount by selling forty acres of land. No deadline was set for completion of the house.

The parties disagree about the nature of the property interest contemplated for Gary and his wife in the oral agreement made with Gary’s parents. It is undisputed that the house was intended for the use of Gary and his wife and that defendants would transfer an interest in the property to plaintiffs at an unspecified future date.. Defendants testified at trial that they had made it clear to plaintiffs that they intended to create a life estate in plaintiffs. The parents’ intention was to give their son “a roof over his head for the rest of his life,” by creating an interest that could not, in their view, be taken away from him by creditors. Gary and his wife, in contrast, believed that they has been promised a transfer in fee simple.

Gary and his father began to build in the fall of 1976 and, during the next year and a half, expended many hours of labor on the home. Their progress was occasionally hindered by weather, illness, responsibilities on the farm, and outside employment. By May of 1978, Gary had stopped working on the house, for reasons about which the parties do not agree. Gary testified that work slowed on the house in April of 1978 because of his father’s unwillingness to work on the house. He further testified that because his father was always either unwilling to work on the house or “coming down sick all the time,” Gary resolved to have the house finished by contracting the work out. According to his testimony, he asked his parents for a deed needed to secure a construction loan and, when they refused to convey the property to him, he quit working on the home and undertook this action.

Defendant parents tell a different story of the cessation of work on the house. According to defendants, Henry Sassenrath needed Gary’s help to plant beans so that defendants could continue to “earn a living.” Henry testified that he had a lot of work to do on the farm and that “they [plaintiffs] had quit helping me and I had to get my beans in first before I would go back to work on the house.” A dispute arose between Gary and his parents over this question, and Gary refused to continue to work on the house. Defendants denied that plaintiffs had ever requested from them a deed to the property.

After May of 1978, the house remained unfinished. Defendants testified that there were months of work left to be done to complete the house. Gary, however, testified that the home was only a couple of weeks shy of completion. At trial, defendants testified that they intended to complete the house as soon as they were able; defendants’ counsel stated that “[t]he parents are still willing to give him [Gary] a life estate in that property.”

[80]*80The trial court entered Findings of Fact and Conclusions of Law which read in pertinent part as follows:

“FINDINGS OF FACT
2. In September, 1976, Plaintiff Gary Sassenrath and Defendant Henry L. Sas-senrath commenced construction of a frame dwelling ... [on property owed by defendants Henry and Helen Sassenrath], said construction continuing until on or about May 1, 1978.
3. The oral agreement between the parties in connection with said construction was to the effect that Plaintiff Gary Sas-senrath would receive a life interest in the property and not fee simple title.
4. The fair market value of the structure in its present condition is approximately $35,000.00.
5. That Plaintiff Gary Sassenrath performed labor upon said structure and should be compensated for said labor in the amount of $3,500.00.
CONCLUSIONS OF LAW
The Court concludes that Plaintiffs are not entitled to have a constructive trust imposed upon the property described in their petition, having found no agreement for a conveyance of the property in fee simple title.”

Plaintiffs read the trial court’s “Conclusions of Law” to mean that the trial court believed that a constructive trust could not be imposed on a life estate. Plaintiffs contend that the court found all the elements necessary to impose a constructive trust but did not impose the trust solely becáuse of its view that a life estate was not the proper subject of a constructive trust. We agree with plaintiffs that if this were the basis of the trial court’s ruling, the court’s conclusions of law would be erroneous and the decision subject to reversal. We can find no authority, nor was any cited by the parties, suggesting that the equitable device of a constructive trust cannot properly be imposed on a life estate.

We do not think, however, that we must accept plaintiffs’ interpretation of the trial court’s “Conclusions of Law.” If another reasonable interpretation is possible, and that interpretation does not reveal an erroneous declaration of the law, then the deference that we owe the trial court requires us to adopt that interpretation and uphold the ruling.

In their petition, plaintiffs pled the existence of an oral agreement to convey land arising out of a confidential relationship between the parties. Their theory, judging from their petition and evidence, seems to be that defendants’ breach of this agreement was in the form of an “anticipatory repudiation,” when defendants refused to give plaintiffs a deed after Gary had detrimentally relied on the agreement but prior to the fulfillment of its terms.

Plaintiffs’ petition requested that the trial court impose a constructive trust, without specifying whether the trust was to be for a fee simple absolute or for a life estate. Nonetheless, a reading of the transcript leads to the nearly inescapable conclusion that most of plaintiffs’ evidence and cross-examination at trial constituted an attempt to show that defendants had promised their son and his wife an estate in fee simple rather than merely a life estate. Defendants, in response, devoted the bulk of their courtroom effort to showing that only a life estate, and not a fee simple estate, had been promised.

The principal factual issue joined at trial was thus the nature of the estate promised in the oral agreement.

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Related

Miller v. Miller
872 S.W.2d 654 (Missouri Court of Appeals, 1994)
Sassenrath v. Sassenrath
657 S.W.2d 671 (Missouri Court of Appeals, 1983)
Harlan v. Bishoff
649 S.W.2d 230 (Missouri Court of Appeals, 1983)
In re Marriage of W.J.W.
643 S.W.2d 85 (Missouri Court of Appeals, 1982)

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Bluebook (online)
624 S.W.2d 77, 1981 Mo. App. LEXIS 3142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sassenrath-v-sassenrath-moctapp-1981.