Greenfield Villages v. Thompson

• Decision Date: 24 February 1950
• Parties: GREENFIELD VILLAGES, Inc. v. THOMPSON et al.
• Court: Florida Supreme Court

Page 679

44 So.2d 679

GREENFIELD VILLAGES, Inc. v. THOMPSON et al.

Supreme Court of Florida, Special Division B.

Feb. 24, 1950.

Rehearing Denied March 18, 1950.

Marion Brooks and R. B. Schallern, Miami, for appellant.

R. K. Bell, Miami, for Simpson, St. ,Pierre, Deene & Burnham, Pierre, Deene & Burnham, intervenor-appellees.

L. S. Bonsteel, Miami, for Smathers.

Thompson, Maxwell & Dyer, Miami, for plaintiff-appellees.

CHAPMAN, Justice.

Samuel Goldman in 1946 bought a tract of land from Glenn H. Curtiss Properties, Inc., for the sum of $35,000, and shortly thereafter caused the tract to be subdivided into a large number of lots. He made a down payment of $3,500 at the time of purchase. He perfected a sales organization and immediately sold a sufficient number of lots to pay the balance due to the Curtiss Properties, Inc., for the property. The title to the property was taken in the name of Goldman's corporation, to wit, Greenfield Villages, Inc. The intervenors below in this suit sold or caused to be sold a sufficient number of lots out of the tract to pay the balance due on the agreed purchase price to Curtiss Properties, Inc. It appears by the record that advancements in cash were made by some of the intervenors and used to pay costs of perfecting the subdivision but neither of them contributed funds used in payment of the purchase price of the property.

On March 4, 1946, Gene G. Olsen, a sister of Samuel Goldman, filed in the Circuit Court of Dade County, Florida, her bill of complaint against her brother and alleged that she supplied Goldman the down payment of $3,500 paid to Curtiss Properties, Inc., on the tract and therefore was an equitable owner of an undivided one-half interest in the tract with her brother, Samuel Goldman. On June 14, 1946, a decree was entered in the court below decreeing Gene G. Olsen the equitable owner of a one-half undivided interest in the tract. On appeal here the decree was reversed--largely on the theory that the quantum of evidence adduced was legally insufficient to support the decree of the Chancellor. See Goldman v. Olsen, 159 Fla. 435, 31 So.2d 623.

On the going down of our mandate the cause was heard in the lower court, when the equities thereof were found to be with the defendant, Samuel Goldman, and against the plaintiff, Gene G. Olsen. Pertinent language of the lower court's decree is viz.: 'It is the conclusion of this court that the evidence upon which the plaintiff (Gene G. Olsen) relies to establish the material allegations of her bill was not clear, strong and unequivocal, and on considering the material evidence in this cause this court entertains serious and reasonable doubts as to the existence of the trust sought to be asserted by the plaintiff'. The bill of complaint was dismissed by the Chancellor on March 19, 1948. The plaintiff, Gene G. Olsen, appealed and the dismissal order was here affirmed. See Olsen v. Goldman, 160 Fla. 970, 37 So.2d 166.

On February 8, 1949, the legal firm of Smathers, Thompson, Maxwell & Dyer filed in the court below their bill of complaint against Greenfield Villages, Inc., Samuel Goldman's corporation, and alleged the existence of an agreement between the plaintiffs and the defendant by the terms of which the defendant agreed to pay the plaintiffs an attorney's fee, reasonable in amount, to be paid out of the moneys arising from the sale of the described lots, after the termination of the litigation above referred to. The plaintiffs, relying upon the agreement with the defendant, performed their part of the agreement and the defendant accepted the profitable and beneficial services so rendered, but refused or declined to abide with or carry out the terms of the said agreement. The prayer of the bill was for the entry of a decree establishing an enforceable lien against the described property.

On February 24, 1949, an order was entered below allowing Allen Simpson, Rosario St. Pierre, Filbert J. Deene and Fred Burnham to intervene in the suit, supra, to recover attorney's fees. It appears by the petition of the intervenors that they resided in or about the property and were acquained with many airline employees and some of the described lots, it was believed, could be sold to these employees. Pertinent allegations of the petition of the intervenors are viz.:

'* * * As an inducement to these petitioners the said Samuel Goldman promised them that if they would assist him in the promotion of this scheme, he would organize a corporation, making them officers and employees so that they would own an interest in said development and would share in the profits thereof. That without any agreement at that time as to the amount of their interests, and because the scheme was in the development stage, these petitioners proceeded to engender among their fellow employees interest in this airline community to be established and went about soliciting prospective purchasers, and were finally successful in raising among their group approximately $35,000, which was placed in escrow as the purchase price of lots to be sold to them if and when title was taken. Petitioners allege that the said Samuel Q. Goldman fraudulently organized Greenfield Villages, Inc., a Florida corporation, and did not make any of these petitioners an officer in said corporation nor issue stock to them as he had promised, as aforesaid, and did take title to said property in the name of Greenfield Villages, Inc., a Florida corporation. The said Samuel Q. Goldman, thereafter, conferred on numerous occasions with these petitioners concerning their interest in said property and did verbally agree with them that their interest amounted to Five Thousand Dollars ($5,000.00) each and agreed that they should have a lien upon said property for said amount of money; but that the said Samuel Goldman has refused and does now refuse to execute a written instrument evidencing said obligation and lien, and has refused and does now refuse to make payment thereof.

'Petitioners further represent that they are entitled to a lien in the amount of Five Thousand Dollars ($5,000.00) each for their interest in the property, as aforesaid, for the reason that the said Samuel Goldman acquired said property solely through their services and with the money raised and solicited by them, and that no other moneys went into the purchase of said land'. The intervenors prayed that on final hearing the court decree that each thereof be entitled to a lien on the described land in the amount of $5,000, and that the property be sold to satisfy the lien so decreed.

Greenfield Villages, Inc., by answer admitted the purchase of the property from Curtiss Properties, Inc.; admitted also that it was necessary to raise $35,000, the intervenors approached and their aid procured, and, as a result, the money was raised and the tract of land paid...