Jennings v. Achuff, 44206
| Citation | 272 S.W.2d 263 |
| Decision Date | 08 November 1954 |
| Docket Number | No. 44206,No. 2,44206,2 |
| Parties | C. (Chet) E. JENNINGS and Ethyle Jennings, Respondents, v. Elsie ACHUFF, Defendant, Betty Carr and Pearl Reed, Appellants |
| Court | Missouri Supreme Court |
Esco V. Kell, West Plains, for appellants.
Green & Green, Will H. D. Green, H. D. Green, West Plains, for respondents.
This is an action for specific performance of an oral contract whereby Harold C Dowler, deceased, agreed to devise lots 5 and 7 in block 1, Graham's Addition to the City of West Plains, Missouri, to respondents, C. (Chet) E. Jennings and his wife, Ethyle Jennings, for certain labor performed by them during his lifetime. The trial court decreed specific performance of the oral contract.
Respondent Ethyle Jennings, defendant Elsie Achuff and Harold C. Dowler were sisters and brother. Appellants Betty Carr and Pearl Reed were their nieces. The deceased was a bachelor and was owner of the above described real estate, which had a residence on it. Respondent Chet Jennings was a carpenter by trade. From 1940 to 1945 the deceased and respondents lived in the house situated on this property and during this period of time Jennings worked at his trade away from West Plains. In 1945 while Jennings was home visiting his family, the deceased was in the process of building a house on lot 6 of Graham's Addition. This lot adjoined the deceased's residence property. During this visit of respondent Jennings, the deceased and his carpenter had some difficulty. Deceased asked Jennings to give up his position and finish building deceased's new residence. Jennings' labor and expenses in finishing the residence amounted to $700.
The oral contract entered into between the respondents and deceased also provided that if respondents would continue to occupy the old residence, make necessary repairs and improvements thereon and release Dowler from the payment of $100 due Jennings, the deceased would give respondents the old residence and premises as their absolute property. Respondents complied with their part of the contract and Ethyle Jennings continued to look after the welfare of the deceased. She did his washing and ironing, and cooked his meals. Respondent Chet Jennings made repairs and additions to the old residence which, including the labor and material, was worth $5,000.
Jennings completed deceased's new residence in the year 1945 and deceased moved into it, while Jennings and his wife continued to occupy the old residence.
Dowler died in December, 1952, intestate and without delivering a deed to the respondents to such property.
The appellants' answer was a general denial and a plea of the statute of limitations and the statute of frauds.
Defendant Elsie Achuff filed an answer sdmitting the truth of respondents' petition.
Margaret Levish testified that she is a daughter of respondent Ethyle Jennings by a previous marriage; that she was in West Plains in the year 1945 when respondent Chet Jennings was finishing the construction of the new home for deceased; and that after that residence was finished the deceased told her that 'he couldn't afford to pay for the finishing of his house and he had an understanding with mother and stepfather that if they finished his house for him and took care of his house then he would give them that house.' This witness also testified as to other conversations with deceased, and as to numerous repairs and additions made by respondent Jennings on the new and old houses.
John Humphries, C. R. Lashley, Paul Buff and John Stein all testified to the effect that deceased had told them that the old house belonged to respondents.
John Yound testified that he was manager and part owner of the Swanson Lumber Company, and that respondent Chet Jennings paid for approximately $600 worth of material used in repairing the old house. He also testified that he owned adjoining property and that respondent Chet Jennings, deceased and he each paid one-third the cost of surveying these lots.
There was also testimony to the effect the respondents paid the taxes on the old house, although the receipts were in the name of the record owner.
The testimony of witnesses for appella...
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Ellison v. Wood Garment Co.
...be so clear and forcible as to leave no reasonable doubt in the mind of the chancellor as to the contract and its terms. Jennings v. Achuff, Mo.Sup., 272 S.W.2d 263, 265; Feste v. Bartlett, Mo.Sup., 269 S.W.2d 609, 613; Roberts v. Clevenger, Mo.Sup., 225 S.W.2d 728; Schebaum v. Mersman, Mo.......
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Watkins v. Watkins
...performing. Such decision is supported by similar circumstances in Roberts v. Clevenger, supra; Easley v. Easley, supra; Jennings v. Achuff, Mo., 272 S.W.2d 263; Smith v. Lore, supra; and Glauert v. Huning, Mo., 266 S.W.2d 653. Appellants contend also that the court erred in admitting testi......
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Brassfield v. Allwood
...discussion. Tuckwiller v. Tuckwiller, 413 S.W.2d 274 (Mo.1967) concerned a written contract and does not apply here. Jennings v. Achuff, 272 S.W.2d 263 (Mo.1954) and Watkins v. Watkins, supra, each enforced specific performance of an oral contract to convey land, but only after the court fo......
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Easley v. Easley
...that this is a proper case for the intervention of a court of equity in decreeing specific performance. The case of Jennings v. Achuff, Mo.Supp., 272 S.W.2d 263, involving similar facts, supports the conclusion we have reached. Other cases tending to support our decision are Sportsman v. Ha......