Rich v. Kruger

• Decision Date: 23 September 1924
• Docket Number: 18713.
• Citation: 228 P. 1012,130 Wash. 656
• Court: Washington Supreme Court
• Parties: RICH et ux. v. KRUGER.

228 P. 1012

130 Wash. 656

RICH et ux. v. KRUGER.

No. 18713.

Supreme Court of Washington

September 23, 1924

Department 1.

Appeal from Superior Court, Spokane County; Lindsley, Judge.

Action by R. Rich and wife against Henry Kruger. Judgment for plaintiffs, and defendant appeals. Affirmed.

William C. Meyer and E. A. Cornelius, both of Spokane, for appellant.

James A. Brown, of Spokane, for respondents.

MACKINTOSH, J.

The record in this case contains no statement of facts. The case was one in equity in which the court made findings of fact and a decree which were as follows:

'* * * Both sides concurring in the court's jurisdiction to settle the entire matter, and being finally submitted for judgment, the court makes the following findings and decree:

'I. That plaintiffs, R. Rich and Bertha Rich, are, and were at all times herein mentioned, husband and wife.

'II. That said plaintiffs are now and were at all times herein mentioned the owners of lots four (4) and five (5) in block five (5), Manito Park addition to the city of Spokane Spokane county, Wash.

'III. That heretofore and on or about the 26th day of December, 1922, plaintiffs and defendant entered into an oral contract for the construction of two five-room houses on said lots; that, under the terms of said oral agreement plaintiffs were to be allowed the sum of one thousand dollars ($1,000) for each of said lots; that plaintiffs were to furnish all money necessary to pay for the material and labor on said buildings; that the defendant was to superintend the construction of said buildings; that upon their completion said buildings were to be sold and after first deducting the cost of said lots at one thousand dollars ($1,000) each, and the cost of the material and labor in the construction of said buildings, the balance if any was to be divided equally between the plaintiffs and the defendant herein, said defendant to accept said one-half of said balance in full satisfaction for his services in lieu of wages or other compensation; that defendant commenced the construction of said houses during the month of January, 1923; that the work proceeded slowly, and in the month of August, 1923, there was an attempt to divide said property, whereby the plaintiffs were to take what is known as the south property, better known as lot five (5) in block five (5) Manito Park addition in the city of Spokane, Spokane county Wash., and defendant was to take the north lot of said property, better known as said lot four (4); that pursuant thereto defendant ceased to perform labor and supervision on the house on said lot five (5), and devoted his entire time to the building on lot four (4); that plaintiffs went in and with other help completed the building on lot five (5).

'IV. That for the purpose of constructing said buildings it was agreed between the plaintiffs and defendant that plaintiffs should place a three thousand dollar ($3,000) mortgage on each of said lots, which said mortgage is now a lien thereon.

'V. That defendant has invested none of his individual money on said buildings; that plaintiffs have spent a large sum of money toward the construction of said houses in addition to the aforesaid three thousand dollar mortgages that a great many bills for material on said houses have not yet been paid.

'VI. That in order to make an equitable settlement of the entire matter:

'It is hereby ordered, adjudged, and decreed that plaintiffs shall make a deed to defendant conveying to said defendant lot four (4) in block five (5), Manito Park addition to the city of Spokane, Spokane county, Wash., as herein provided, and place the same with the county clerk, * * * which said deed shall be subject to the existing mortgage for three thousand dollars ($3,000) on said property, which defendant is to assume and agree to pay, and direct the said county clerk to deliver said deed to said defendant when said defendant shall deliver to the county clerk within the time herein stated, a second mortgage to plaintiffs on said lot four in the sum of $1,114.23, which said mortgage shall mature concurrent with the first mortgage, and shall

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