Morris v. Blunt

• Decision Date: 20 January 1909
• Docket Number: 1964
• Citation: 99 P. 686,35 Utah 194
• Court: Utah Supreme Court
• Parties: SARAH A. MORRIS, Respondent, v. MARY K. BLUNT, SAMUEL B. KERSEY, JAMES B. KERSEY, WILLIAM HOFFMAN, MARTHA J. HOFFMAN, SAMUEL HOFFMAN, JAMES HOFFMAN, and JOSEPH BLUNT, Administrator of the Estate of Jane Kersey, Deceased, Appellants

99 P. 686

35 Utah 194

SARAH A. MORRIS, Respondent, v. MARY K. BLUNT, SAMUEL B. KERSEY, JAMES B. KERSEY, WILLIAM HOFFMAN, MARTHA J. HOFFMAN, SAMUEL HOFFMAN, JAMES HOFFMAN, and JOSEPH BLUNT, Administrator of the Estate of Jane Kersey, Deceased, Appellants

No. 1964

Supreme Court of Utah

January 20, 1909

APPEAL from District Court, Third District. Hon. C. W. Morse, Judge.

Action to quiet title. From a judgment for plaintiff, defendants appeal.

REVERSED.

C. W Collins for appellants.

Messrs Young & Snow for respondent.

STRAUP C. J. FRICK and McCARTY, JJ., concur.

OPINION

STRAUP, C. J.

The respondent brought this action to quiet title to thirty-five acres of land situate in Salt Lake county. The court made findings and entered a judgment quieting the title in her. It is undisputed that on and prior to the 27th day of June, 1903, Jane Kersey was the owner of the property. She died intestate March, 1904. The appellant Joseph Blunt is the administrator of her estate. The other appellants are her heirs at law. The Home Investment & Savings Company and the Idaho Investment Company are separate corporations. They maintain offices together at Salt Lake City. The principal business of both companies carried on at that place was managed by the same persons. In April, 1903. James B. Kersey, a son of the deceased, entered into a written agreement with the Idaho Investment Company to purchase eighty acres of land in Blaine county, Idaho, for the sum of $ 800, payable $ 8 per month. On the 27th day of June, 1903, the deceased executed a deed purporting to convey her property to V. S. Graffam. The question over which the controversy arises is whether the deed made by her was placed in escrow to be delivered only when Graffam paid the consideration agreed by him to be paid, or whether the deed was an absolute conveyance and was given as part payment of the purchase price on the contract entered into between James B. Kersey and the Idaho Investment Company.

The facts, as claimed by the appellants, are: That the deceased listed her land with the Home Investment & Savings Company to be sold. On the 27th day of June, 1903, the deceased and her son, just before leaving Salt Lake county to go to Idaho, where they had intended to remain some time, called at the office of the Home Investment & Savings Company. She was there informed by the person having charge of the business that negotiations for the sale of her land to V. S. Graffam were then pending, and, as she was about to depart from Utah and go to Idaho, it was suggested that she sign a deed conveying the property to Graffam. She executed such a deed and left it with the Home Investment & Savings Company to be delivered to Graffam upon payment of the purchase price, which was $ 800. She and her son then went to Idaho. Graffam paid $ 200 of the purchase price. On visiting the premises Graffam was informed by Alfred Blunt, who was then occupying the premises, that he would not surrender immediate possession, and that he demanded reasonable notice to vacate. Thereupon the Home Investment & Savings Company, by R. K. Hardy, wrote Mr. Blunt, on the 27th day of July, 1903, as follows: "The property that you are now occupying, as you were informed, has been sold to Mr. V. S. Graffam. The gentleman informs me that he notified you of this fact, and further that he desires possession. The property he purchased is situated in section 34, township 1 south of range 2 west of Salt Lake meridian, containing thirty-five acres. Mrs. Kersey, before she left, signed a contract of sale and placed in escrow her deed conveying possession to Mr. V. S. Graffam, which said gentleman desires possession immediately or compensation for the use of the above premises." Because he was told by Blunt that he could not have immediate possession, Graffam refused to comply with the terms of his contract of purchase and demanded the return of the $ 200 paid by him. He purchased other lands through the Home Investment & Savings Company, and the $ 200 paid by him was applied on that purchase. In reply to inquiries from the deceased, Hardy also wrote her, at Blaine county, Idaho, on the 15th day of August, 1903, as follows: "I had this place sold, as I had told you, and took a deposit to hold the purchaser till we could have title examined and deliver him the place. On his going to take possession of it, however, your tenant refused to give possession of it, and had high words over the matter. Accordingly the purchaser came back and demanded the return of his money because he could not get possession of the property. We waited till we found his story was a true one, that he could not get possession, and then, of course, returned the money deposited. The purchaser also said that he was told by the tenant that there were certain things about the place which would keep him from taking it if he knew them. Having lost this sale, I have been advertising your property and have had several parties out to look at it. One, the present week, said he would take it, and would bring in the money to make the first payment within a day. We have waited patiently, but he has not come back. I have paid particular attention to your land and pushed it with all my might and main, but with no better results than I have related. We have already spent twelve dollars buggy hire taking parties to see your place. To-day the tenant (the old man) came in and we questioned him as to the meaning of his actions and talk with the man who went to take the place. He replied that his family was sick, that he had no place to go to, and that he was entitled to notice to get out sufficiently to enable him to cast about him and find another agreeable place. I am sorry of the unfortunate circumstances, but couldn't help them. I will continue to work on the sale. Meantime we hold the deed you signed." On August 20th he also wrote her: "I have your letter of August 17th and would say that I wrote you August 15th very fully in regard to the matter, explaining that the sale which I negotiated for you was knocked in the head by the occupant (tenant) of the premises, who refused to give the buyer possession and treated him with great rudeness. I have spent not less than $ 15.00 since that time taking out customers to see the place, but the intense heat which we have been having has so distressed prospective buyers on the way there that I have not been able to accomplish anything. It is a shame that after having made the sale, that your tenant should have knocked it in the head by refusing to give the buyer possession of the property." The genuineness of these letters is admitted, and the authority of the person writing them is not denied. It is conceded that they were written by the person who negotiated the sale of the deceased's land and with whom the deceased transacted the business and with whom she had left the deed. That the Home Investment & Savings Company had the deceased's property for sale and had sold it to Graffam, but that he refused to carry out the agreement to purchase it, and that the money paid by him was returned because he claimed he was unable to get immediate possession of the premises, is likewise not disputed. Much evidence was given on behalf of the appellants tending to show that the deed made by the deceased was not to be delivered to Graffam until the purchase price of the land was paid.

On behalf of the respondent, the then president and manager of the Idaho Investment Company testified that, when the deceased and her son called at the office, Hardy called to the witness and said that he had sold the deceased's property to Graffam for $ 800, and that Mrs. Kersey wanted to know "if we would receive this contract as a payment upon land that her son, James Kersey, had bought in Idaho. I asked him if the...