Clower v. Brookman

• Decision Date: 10 June 1959
• Docket Number: No. 13476,13476
• Citation: 325 S.W.2d 440
• Parties: George CLOWER, as Temporary Administrator of the Estate of Matt Chadwell, Deceased, Appellant, v. Albert R. BROOKMAN and Wife, Cora E. Brookman, Appellees.
• Court: Texas Court of Appeals

Page 440

325 S.W.2d 440

George CLOWER, as Temporary Administrator of the Estate of Matt Chadwell, Deceased, Appellant, v. Albert R. BROOKMAN and Wife, Cora E. Brookman, Appellees.

No. 13476.

Court of Civil Appeals of Texas, San Antonio.

June 10, 1959.

J. R. Sorrell, Atlee McCampbell, Corpus Christi, for appellant.

L. L. Gragg, Corpus Christi, for appellees.

POPE, Justice.

Plaintiffs, Albert R. Brookman and wife, Cora E. Brookman, sued and recovered judgment for $4,000 against the Estate of Matt Chadwell on a contract for personal services rendered Matt Chadwell and his wife, Benia Chadwell, during their lifetime. There was no jury. The estate denied that Chadwells made a contract to pay the plaintiffs out of their estate, and claimed (1) that a suit based upon quantum meruit was barred by the two-year statute of limitations; (2) that the trial court grounded is judgment upon conflicting conclusions of law--not fact; and (3) that the Chadwells fully performed any contract to pay plaintiffs.

The findings by the court show that Matt Chadwell and his wife were both aged. They owned some tourist cottages in Corpus Christi adjacent to the property owned by plaintiffs. Brookmans were not related to the Chadwells and both families lived in their own homes. From 1951 to May, 1956, the Chadwells were so infirm and ill that they were unable to care for themselves or their property. From 1954 to her death in July, 1956, Mrs. Chadwell was confined to her bed and a wheel chair, with a broken hip. Plaintiff Brookman managed the Chadwell courts, rented the cottages, kept records, made bank deposits, and maintained and repaired the property. Brookman and his wife took care of the Chadwells, did their buying, cooked for them, washed their clothes, drove them places in their automobile, and cared generally for them. Mrs. Brookman bathed Mrs. Chadwell, put her to bed, changed her bed, cleaned the Chadwell cottage, and acted as a nurse.

The first two points were brought forward in a single point but, in the interest of clarity, we shall discuss them separately.

Plaintiffs alleged that Chadwells on or about December, 1951, expressly agreed to pay them a reasonable compensation for performing the services sued upon. They also alleged that at times thereafter Chadwells repeated their agreement to compensate plaintiffs out of their estate, upon the death of the survivor, and that Chadwells knowingly accepted plaintiffs' services. Alternatively, they pleaded for recovery upon quantum meruit. In our opinion the case turns upon the existence of a contract to pay the plaintiffs. We observe at the outset that there was no family relationship between the plaintiffs and Chadwells. They did not live in the same household, but each family lived separately in adjoining houses. 3 Corbin on Contracts, Sec. 566. Further, this is a suit for recovery of money and not for the recovery of real estate, and the promise sued upon is not that the Chadwells would make a will devising money or property to plaintiffs. Hence the statute of frauds as a defense does not enter the case with respect to the adequacy of proof of the claimed contract. See Henderson v. Davis, Tex.Civ.App., 191 S.W. 358.

Whether plaintiffs proved a contract involves two problems. The first is whether they proved the elements of a contract at all, and the second is whether they proved it by full and satisfactory evidence. There was proof that Matt Chadwell agreed to pay plaintiffs the reasonable value of their services. Several witnesses testified that Matt Chadwell had told them or had stated in their presence, that he was obligated to pay for the services rendered by the Brookmans, and that their services were not gratuities. Helen Turpin, a disinterested witness, testified:

'Q. Did you ever hear Mr. Chadwell say anything about any arrangements he had with Mr. and Mrs. Brookman to pay them for their services? A. Yes, on several occasions.

'Q. What did you hear Mr. Chadwell say? A. That he would see that they would be well paid out of his estate, as agreed, after his death. I heard him say several times that they would be well taken care of.'

Chadwell admitted and acknowledged to witness Joe Cantu that he owed Brookman and that the Brookmans were to be paid. He told Cantu in Brookman's presence that he 'would take care of it later,' 'that he would take care of Mr. and Mrs. Brookman later.' Chadwell said in the presence of plaintiff's brother, another witness, 'Albert (plaintiff), some of these days you will be paid for everything you have done for us,' and, again, 'Mr. Brookman, you have helped I and Benia and some of these days I will see that you are paid for what you have done.' Earl Howell, another witness, testified:

'Q. Did you ever have any conversation with Mr. Matt Chadwell, in which the subject matter came up as to Mr. and Mrs. Brookman with relation to that and the work they did for him and the settlement? A. Yes, on one occasion I did, surely did. * * *

'Q. Did they say anything about paying Mr. Brookman for his work or how he was to be paid? A. Yes. He gave me to understand that Mr. Brookman would be paid for that.

'Q. When did he say that he would be paid? A. The understanding that he left was that it would come out of his estate.

'Q. Did he say that he was going to pay them anything for their services? A. Yes sir. I have known the old man quite well and talked to him several times, and he did not want anybody to do anything for him unless he paid for it.

'Q. He expressly stated at that time that he was going to pay Mr. and Mrs. Brookman for their services? A. Yes, he surely did.'

From this evidence, Chadwell recognized that he owed plaintiffs money for their services, acknowledged to several witnesses that he would pay the obligation, and that 'as agreed' Brookmans would be paid out of his estate after his death. This is testimony of an express contract to pay Brookmans. It disproves any idea of gratuitous services or of services rendered upon mere expectation but without a contract.

'In innumerable cases, courts have been required to determine whether one who has received services rendered by another ever made a promise to pay for them. The question is perhaps the more difficult when the claim is asserted after the death of the one receiving the service. The claimant can win by introducing convincing evidence of a promise expressed in words. Frequently, however, the only admissible evidence that such a promise was made is the conduct of the parties and surrounding circumstances. Thus the question is as to whether such conduct and circumstances justify the inference of a promise to pay. They may justify such an inference even though no promise in words was ever made, * * *.' 3 Corbin on Contracts, Sec. 566.

'The existence of an oral contract may be proved by circumstantial evidence as well as by direct evidence.' 10-A Tex.Jur., Contracts, Sec. 318; Clem v. Forbess, Tex.Civ.App., 10 S.W.2d 223; Cheatham's Ex'r v. Parr, 308 Ky. 183, 214 S.W.2d 95; Peters v. Poro's Estate, 96 Vt. 95, 117 A. 244, 25 A.L.R. 615; 58 Am.Jur., Work and Labor, Sec. 2; 17 C.J.S. Contracts Sec. 593. The elements of a contract were therefore proved as found and concluded by the trial court.

The estate further attacks the validity of the contract because it was not proved by full and satisfactory evidence. In suits against an estate for personal services, because one of the contracting parties is dead, the quantum and quality of the proof must be full and satisfactory. Henderson v. Davis, Tex.Civ.App., 191 S.W. 358; Dyess v. Rowe, Tex.Civ.App., 177 S.W. 1001. As already outlined, plaintiffs were under no moral obligation to the Chadwells, were not related to them, and they faithfully performed necessary services over a period of many years. The fact that their services were appreciated by the Chadwells...