Finkle v. Finkle
| Decision Date | 15 June 1948 |
| Docket Number | 47240. |
| Citation | 32 N.W.2d 807,239 Iowa 783 |
| Parties | FINKLE v. FINKLE. |
| Court | Iowa Supreme Court |
Haupert & Robertson, of Marshalltown, for appellant.
J L. Mowry and M. C. Farber, both of Marshalltown, for appellee.
The claim covers the period from 1925 to decedent's death in 1944. Decedent and claimant were second cousins. Decedent had lost a leg and was partially incapacitated. He owned nineteen rental houses, many lots, some sold on installment contracts and an improved business corner, all in Marshalltown. He also owned a house in Iowa Falls and a farm in Illinois. Between 1942 and 1944 he purchased four additional rental houses in Marshalltown.
Twenty-six witnesses for claimant testified to the nature, extent and value of his services rendered decedent during the twenty year period, in renting houses, collecting rents, making repairs, cleaning, scrubbing and fumigating vacant houses calcimining walls, repairing and fitting screens and screen doors, repairing, burning out and cleaning chimneys, removing ashes and debris, hauling materials to workers, shoveling snow, caring for lawns, chauffeuring decedent in claimant's car and in decedent's car, in Marshalltown and on trips to various places in Iowa and to Illinois assisting decedent with his accounts and book work, locating, inspecting and arranging for and handling the purchase of houses by decedent, and other services connected with the operation and maintenance of decedent's properties. Various check stubs and receipt stubs in claimant's handwriting and checks to others written by claimant and signed by decedent, were in evidence. There was evidence of frequent telephone calls by decedent to claimant, at claimant's home and elsewhere, in which directions were given or messages left for claimant's attention to these matters; that decedent referred inquiries and complaints to claimant for attention, saying, 'Call on Edgar' (claimant). 'If there is anything you need there, you tell Edgar'. 'Edgar did his chore work, he had him around to do his work', and directing tenants to pay rent to claimant and that decedent frequently said to claimant after the completion of some task. 'Thanks until you are better paid.'
The claim was for $7,400. The trial court found claimant, at decedent's request, performed services for decedent as a general utility man during the period claimed but that the proof as to the amount of services rendered during the earlier years was unsatisfactory and the estimates of witnesses covering that period should be materially reduced. The court held the law implied a contract to pay the reasonable value of the services, which it found was $1,100 from 1925 to 1937; $546 from 1937 to 1940; $780 from 1940 to 1943; and $1,152 from 1943 to November, 1944. Decedent was credited with $100 paid claimant and claimant was allowed $3,478.
By stipulation the appeal was limited to two points (1) That claimant had not proved his claim as required by law by competent witnesses, evidence or proof. (2) That claimant did not render services by contract or otherwise, under circumstances entitling him to payment.
I. This appeal is not triable de novo. The findings of fact have the effect of a special verdict. Rule of Civil Procedure, 334. Upon this phase of the appeal the question is whether the findings were supported by substantial evidence. Where the evidence is merely in conflict the findings will not be disturbed. Hence we need not consider conflicting evidence nor circumstances pointed to by appellant as warranting inferences contrary to claimant's contention. In re Estate of Beck, Iowa, 32 N.W.2d 217. Appellant contends the evidence as to dates, kinds and amounts of services rendered was too indefinite to support the findings. In claims of this nature extending over a term of many years this court has not been inclined to be overly strict upon these points. See Peterson v.
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