Nilsen v. Bonugli

• Decision Date: 04 May 1949
• Docket Number: No. 11952.,11952.
• Citation: Nilsen v. Bonugli, 220 S.W.2d 178 (Tex. App. 1949)
• Parties: NILSEN et al. v. BONUGLI et ux.
• Court: Texas Court of Appeals

220 S.W.2d 178

NILSEN et al. v.BONUGLI et ux.

No. 11952.

Court of Civil Appeals of Texas. San Antonio.

May 4, 1949.

Appeal from District Court, Fifty-Seventh District, Bexar County; C. K. Quin, Judge.

Action in trespass to try title to a city lot by Barney Nilsen and wife against Robert A. Bonugli and wife.From a judgment awarding defendants the amount by which the value of improvements placed on the property by them and money paid by them on the purchase price thereof exceeded the amount of rent due plaintiffs from defendants, plaintiffs appeal.

Affirmed.

George R. Thomson, San Antonio, for appellants.

Guy Bonham, San Antonio, for appellees.

NOWELL, Justice.

The question involved upon this appeal is the correctness of the trial court's allowance of a recovery by appellees of such items as building a barbecue pit, painting and papering a house, and other similar expenditures as "improvements in good faith."

The appellants, Barney Nilsen and wife, Nellie Nilsen, brought this action in trespass to try title to recover LotNo. 23 in Block No. 4, New City BlockNo. 6771, Western Heights Addition to the City of San Antonio, Texas.The petition was in statutory form.It was alleged that the ouster took place on July 2, 1946, and appellants sought a recovery of rents from said date.The appellees, Robert A. Bonugli and wife, Beulah Bonugli, pleaded that by agreement appellants had purchased the property for the benefit of appellees; that appellees were to pay appellants for the property and had in fact paid a substantial amount of the purchase price; that appellees had used and occupied the premises and with the knowledge, acquiescence and consent of appellant had made certain improvements thereon, which were listed in the petition as follows: Building a barbecue pit, $50; papering the bath room and kitchen and painting the woodwork inside, $150; building an alcove or roof over a side window, $150; repairing and building a fence $100; painting the house, $100; and placing windows in a back porch, $150.

Trial was to the court without a jury and judgment rendered allowing appellants a recovery of the title and possession of the property involved.The court recited in the judgment that appellees were indebted to appellants in the sum of $735, as and for rental upon said premises from July 1, 1946, to the date of judgment, but that the appellants were liable to appellees in the sum of $1,376.72, "being the value of improvements placed upon said property and the amount of money paid in upon said property by the"appellees.Judgment was rendered in favor of appellees and against appellants for $641, supposedly the difference between the two items.Of the amount of credits allowed the Bonuglis it seems that approximately $420 was represented by "improvements" and the balance by payments upon the purchase price of the property.

No request was made for findings of fact and conclusions of law and none appear in the record, except for those recited in the face of the judgment.In considering this appeal, we must presume that all findings having support in the evidence were found by the trial judge in support of the judgment.

In applying this rule the record supports the following findings:

Mrs. Bonugli is a niece of Mrs. Nellie Nilsen.Barney Nilsen was a sergeant in the United States Air Forces.In 1944, Nilsen decided to purchase the property here involved for his...