Whiting v. Gentry

54 S.W.3d 212, 2001 Mo. App. LEXIS 1570, 2001 WL 1032650
Missouri Court of Appeals·Decided September 11, 2001·No. Nos. WD 58506, WD 58540·Published

Opinion

HOWARD, Judge.

This case involves several parties involved in several different lawsuits, all stemming from disputes concerning a Christmas tree farm. The cases were consolidated for trial and have been consolidated for purposes of appeal. Appellants [213]*213bring six points on appeal concerning alleged trial error. Respondent brings two additional points in her cross-appeal.

Because we conclude that discussion of Appellants’ Points I, II, III, IV and VI and Respondent’s Points on cross-appeal would have no precedential value, we will affirm those points by summary order pursuant to Rule 84.16(b), and are furnishing to the parties a memorandum of the reasons for our decision as to those issues. In this opinion we will address only Appellants’ Point V regarding the allegation that the court allowed a double recovery of damages to Respondent. That point is reversed and remanded with directions.

Background

The background of the litigation now on appeal is complex. It involves a dispute over a Christmas tree farm, which began between family members and eventually involved unrelated neighbors. The three consolidated cases stemming from the dispute were tried on June 10 and 11, 1998, in the Circuit Court of Cass County, Missouri. The parties now appeal from an amended judgment entered on April 13, 2000.

We have set forth below the parties’ disputes according to the years of the litigation that resulted therefrom. The facts are set forth in a light most favorable to the trial court’s judgment. Where necessary, facts not developed in this section will be set forth in our discussion of the points on appeal. Only the 1990, 1991 and 1995 lawsuits are the subjects of this appeal, but each essentially stemmed from the 1981 litigation.

1981 Litigation: In the middle to late 1950’s, Oscar and Genevieve Urquhart (“the Urquharts”) developed land they owned in Cass County, Missouri, by growing Christmas trees to be sold at their “choose-and-cut” Christmas tree farm they called “Christmas Tree Lane.” They first sold trees in 1963, and their farm eventually developed into the largest of its type in Missouri.

In 1971, as the Urquharts grew older, Mrs. Urquhart invited her daughter Jacquelyn (Sylvester) Miller (hereinafter “Jackie”) to help tend to the family business. By 1974, Jackie and her husband1 moved to Cass County. In 1977, Jackie purchased the 120-acre family farm from the Urquharts.2 In 1978, Jackie borrowed $85,200 from the Federal Land Bank (FLB)3 to assist the Urquharts in building a large A-frame house on the north sixty acres (where the Christmas trees were) for the Urquharts to live in. The FLB note was secured by a deed of trust on forty of the north sixty acres (hereinafter the “North 60”). Jackie and her husband lived on the south sixty acres (hereinafter the “South 60”).

Jackie’s purchase of the farm eventually resulted in an ongoing family dispute. In short, Jackie claimed to own the land outright, while her mother, Mrs. Urquhart, claimed that Jackie violated their sale agreement. Mrs. Urquhart asserted that Jackie was supposed to purchase the farm on behalf of the family and title the land in both her name and the Urquharts’ names. [214]*214Thus, Mrs. Urquhart sued Jackie in 1981, seeking the imposition of a constructive trust.

On October 12, 1982, the Urquharts and Jackie arrived at a settlement agreement, but apparently did not reduce it to writing. A dispute then arose concerning both the validity and the terms of that agreement, and more litigation ensued. On December 1, 1983, the trial court found that the parties had established without a doubt that an agreement was entered into but never prepared in final form. The court’s judgment enforcing the settlement agreement detailed the terms of the agreement as follows:

1. [Mrs. Urquhart] was to receive the North 60 acres in fee simple absolute subject to [Jackie’s] right to harvest the standing Christmas trees on said acreage, and in addition thereto, [Jackie] was to have the right to farm and plant additional Christmas trees on said 60 acres for eight (8) years from the date of said agreement. In addition, [Jackie] was to have the right of access to the sales area which existed on the said 60 acres when appropriate for use in selling Christmas trees to the public.
2. [The tools, machinery and other Christmas tree farming implements would become Jackie’s property, and she would remove it from the North 60 acres at the end of the eight-year period that she had the right to use the land.]
3. [Mrs. Urquhart] agreed not to plant any Christmas trees on the North 60 acres during the eight (8) year period of time that [Jackie] had the right to utilize said acreage. In addition thereto, [Mrs. Urquhart] agreed not to plant Christmas trees on the North 60 acres at anytime in the future and to prepare a covenant running with the land to place in any deed conveying the North 60 acres to any subsequent purchaser restricting the use of said land so that Christmas trees may never be grown on the North 60 acres after the expiration of the eight (8) year period of time.
4. The agreement further provided that [Jackie] was to receive the South 60 acres in fee simple absolute....
5. The agreement further provided that [Jackie] was to receive all right, title and interest in and to the business known as Christmas Tree Lane and that by implication [Mrs. Urquhart] would relinquish any claims against said business and any interest in and to said business known as Christmas Tree Lane.
6. The agreement further provided that [Mr. and Mrs. Urquhart] would forgive all the present indebtedness owed to [Mr. or Mrs. Urquhart] from [Jackie] or her husband James Richard Sylvester, or both of them, in the approximate sum of Sixty Thousand Dollars ($60,-000.00).
7. The agreement further provided that [Jackie] agreed to assume and pay the entire amount of the outstanding [FLB] loan secured by Deed of Trust on the North 60 acres in the approximate amount of Eighty-two Thousand Dollars ($82,000.00), and further, that said debt would be paid within ten (10) years from the date of this agreement on October 12,1982.

On July 23, 1984, the parties finally signed a written settlement agreement, with the stated purpose being, “to effectuate and finalize the agreement as found by the Court to exist by its December 1, 1983 Order.” Accordingly, Jackie conveyed the North 60 to the Urquharts by a warranty deed executed on July 2, 1984. The deed recited that while the Urquharts would have title to the North 60, Jackie would “have the right to farm, plant, harvest and sell additional Christmas trees on and [215]*215from said sixty acres for a period of eight years from the effective date [tjhereof.” (Emphasis added.) Jackie received title to the South 60 in fee simple absolute.

The parties abided by the written agreement, but, as the familial discord continued, additional problems soon arose concerning the terms of the agreement and deed to the North 60.

1990 Litigation: On August 10, 1990, the Urquharts filed suit against Jackie. The dispute involved the inconsistent language and construction of the settlement agreement and the July 2, 1984, warranty deed on the North 60.

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Whiting v. Gentry, 54 S.W.3d 212, 2001 Mo. App. LEXIS 1570, 2001 WL 1032650 (Mo. Ct. App. 2001).

54 S.W.3d 212 (Whiting v. Gentry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Urquhart v. Sylvester
848 S.W.2d 13 (Missouri Court of Appeals, 1992)