Tucker v. Williams

CourtSuperior Court of Maine
DecidedJanuary 11, 2017
DocketCUMcv-14-356
StatusUnpublished

This text of Tucker v. Williams (Tucker v. Williams) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tucker v. Williams, (Me. Super. Ct. 2017).

Opinion

Plaintiff-Sheilah Mclaughlin, Esq. Defendants-Pro Se

STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NOS. CV-14-356,490

JONA THAN TUCKER,

Plaintiff v. AMENDED JUDGMENT

CRYSTAL WILLIAMS and ERIC NICHOLS, STATE OF MAINE Cummirf:;tnd.ss.Clerk'~ Qfflce Defendants JAN 12 2017 Background RECEIVED Plaintiff filed two separate complaints against both defendants on August 6, 2014 and

November 24, 2014. Plaintiff alleges three causes of action against both defendants: breach of

contract, count I; unjust enrichment, count II; and punitive· damages, count III. An answer, filed

in CV -14-356 on May 29, 2014, has not been considered by the court because it was not signed

by a person who is a party or who is licensed to practice law in Maine. Defendant Williams was

defaulted on September 10, 2015. Plaintiff's complaints were consolidated on July 14, 2016.

Jury-waived trial on plaintiff's complaints was held on November 21, 2016. Notice of

trial dated November 2, 2016 was sent to the parties. Plaintiff appeared with counsel.

Defendants did not appear.

Findings of Fact

In March 2013, plaintiff negotiated with defendant Williams to buy from her a 6.6 acre

parcel of land for $15,000.00, including a $10,000.00 down payment and $5,000.00 paid over

time. Plaintiff visited the parcel with defendant Williams, who was very clear about the

boundaries of the parcel. Defendant Williams represented the "land is free and clear of any and

all liens. There are No secrets or hidden surprises." (Pl.'s Exs. 1·, 6-7.) --

On April 9, 2013, plaintiff withdrew $10,000.00 from his account. Within a few days

after that date, he paid the down payment to defendant Williams with a cashier's check for

$9,900.00 and cash of $100.00 at defendant Williams's request. (Pl.'s Exs. 2, 4.) She did not

want IRS scrutiny. (Pl.' s Exs. 1, 3, 10 .) Plaintiff had never purchased land previously.

Defendant Williams did not own the parcel when she accepted plaintiff's down payment.

She and Sherman Thomason had conveyed the parcel to defendant Nichols on March 18, 2013.

(Pl.'s Ex. lA; Pl.'s Ex. 1, 8.) Their remaining land was conveyed to others on March 15 and 18,

2013. (Pl.'s Exs. 6, 8.) On April 8, 2013, defendant Williams informed plaintiff that defendant

Nichols "just bought six acres from me but after telling him of you and your needs he agreed to

sell it to you and work out something else with me ... We 'walked there yesterday .. it is so

beautiful and QUIET. There will be NO issues. Warranty deed assures that it is free and clear."

(Pl.'s Ex. 1 8.)

Plaintiff and defendant Nichols went to the Registry of Deeds and learned that an IRS

lien for $28,000.00 or $29,000.00 was on the parcel. A day or two later, plaintiff and defendant

Nichols entered a purchase and sale agreement for the parcel; the agreement is dated April 12,

2013. (Pl.'s Ex. 3.) The parties discussed waiting for 90 days to determine whether the lien

could be lifted. (Pl.'s Exs. 1, 12.) The contingency of conveying a different parcel to plaintiff is

an impossibility. Defendant Nichols informed plaintiff that no other land could be substituted

because it is owned by Luke Thomason and Tanya Farrington-Thomason. (Pl.'s Exs. 1 13; 6; 8;

see Pl.'s Ex. 1 12.)

Defendant Williams' s conciliatory approach to plaintiff changed after he discovered the

facts. (Pl.'s Exs. 1, 12-13.) She eventually threatened p_Iaintiff and alleged he was harassing her

and stalking her daughter-in-law. In an unsigned email dated July 3, 2013 sent from defendant

2 ,­

Nichols's email account but, the court reasonably infers, written by defendant Williams, she

threatened a restraining order against plaintiff and mandated that the matter henceforth was

between plaintiff and defendant Nichols solely. (Pl.' s Exs. 1-B, 4.)

On July 10, 2013, defendant Nichols advised plaintiff that "the lien is a drag" and

"Sometimes things just go wrong." (Pl.'s Ex. 1-C.) On July 25, 2013, defendant Nichols

informed plaintiff that defendants had split up,1 defendant Nichols was leaving, and he could not

take care of the issue until spring. (Pl.'s Ex. 1-D.) That was plaintiff's last contact with

defendants.

The IRS lien on the parcel has not been satisfied. Plaintiff's $10,000.00 down payment

has never been returned to him. No deed conveying the parcel to plaintiff has been executed.

Conclusions of Law

Count I: Breach of Contract

"A contract exists if the parties mutually assent to be bound by all its material terms, the

assent is either expressly or impliedly manifested in the contract, and the contract is sufficiently

definite to enable the court to ascertain its exact meaning and fix exactly the legal liabilities of

each party." Sullivan v. Porter, 2004 ME 134, i 13, 861 A.2d 625. In order to prevail on his

breach of contract claim, plaintiff must prove by a preponderance of the evidence "(1) breach of

a material contract term; (2) causation; and (3) damages." Me. Energy Recovery Co . v. United

Steel Structures, Inc ., 1999 ME 31, i 7, 724 A.2d 1248 .

Plaintiff and defendant Williams agreed that she would sell and he would buy for

$15 ,000.00 a specific parcel of land. Instead, she conveyed the parcel to defendant Nichols but

accepted plaintiff's down payment of $10,000.00 and has not returned it. Plaintiff's part

I In 2013, defendant Williams was married to Mr. Thomason but had a relationship with defendant Nichols.

3 performance removes any issue with regard to compliance with the statute of frauds. See Landry

v. Landry, 641 A.2d 182, 183 (Me. 1994); Restatement (Second) of Contracts§ 129 (1981).

Plaintiff and defendant Nichols entered a purchase and sale agreement for the purchase of

the same parcel. (Pl.'s Ex. 3.) The lien has_not been lifted, no other property has been deeded to

plaintiff, and the deposit has not been returned.

Plaintiff has proved that both defendants breached their contracts with plaintiff and their

breaches proximately caused damages of $10,000.00 to him.

Count II: Unjust Enrichment

Because plaintiff has proved both defendants breached their contracts with plaintiff, his

claim of unjust enrichment is precluded. See Forrest Assocs. v. Passamaquoddy Tribe, 2000 ME

195, , 14, 760 A .2d 1041 (plaintiff must prove that he conferred a benefit on the defendant, that

defendant had appreciation or knowledge of the benefit, and that acceptance or retention of the

benefit would be inequitable under the circumstances); In re Wage Payment Litig. v. Wal-Mart

Stores, Inc ., 2000 ME 162, ,, 19-20, 759 A.2d 217 (contract of employment precluded unjust

enrichment claim).

Count lII: Punitive Damages

To prevail on his request for punitive damages, plaintiff must prove by clear and

convincing evidence that defendants' deliberate conduct was based on express or implied malice .

Express malice is shown "where the defendant's tortious conduct is motivated by ill will toward

the plaintiff" or "where deliberate conduct by the defendant, although motivated by something

other than ill will toward any particular party, is so outrageous that malice toward a person

injured as a result of that conduct can be implied." Tuttle v.

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Related

Forrest Associates v. Passamaquoddy Tribe
2000 ME 195 (Supreme Judicial Court of Maine, 2000)
Maine Energy Recovery Co. v. United Steel Structures, Inc.
1999 ME 31 (Supreme Judicial Court of Maine, 1999)
In Re Wage Payment Litigation
2000 ME 162 (Supreme Judicial Court of Maine, 2000)
Landry v. Landry
641 A.2d 182 (Supreme Judicial Court of Maine, 1994)
McAlister v. Slosberg
658 A.2d 658 (Supreme Judicial Court of Maine, 1995)
Tuttle v. Raymond
494 A.2d 1353 (Supreme Judicial Court of Maine, 1985)
Sullivan v. Porter
2004 ME 134 (Supreme Judicial Court of Maine, 2004)
Coleman v. Dunton
58 A. 430 (Supreme Judicial Court of Maine, 1904)

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