Voight v. Voight

• Decision Date: 23 June 1914
• Docket Number: 17,679
• Citation: 148 N.W. 83,96 Neb. 465
• Parties: ADOLPH VOIGHT, APPELLEE, v. FERDINAND VOIGHT, APPELLANT
• Court: Nebraska Supreme Court

148 N.W. 83

96 Neb. 465

ADOLPH VOIGHT, APPELLEE, v. FERDINAND VOIGHT, APPELLANT

No. 17,679

Supreme Court of Nebraska

June 23, 1914

APPEAL from the district court for Platte county: CONRAD HOLLENBECK JUDGE. Affirmed.

AFFIRMED.

Critchfield & Rose and Albert & Wagner, for appellant.

A. M Post and Reeder & Lightner, contra.

HAMER J. SEDGWICK, J., not sitting.

OPINION

HAMER, J.

This case involves a controversy between three brothers. They were farmers and lived together. Each was beyond the age of 60 years. The defendant was the owner of a farm in Platte county. His brothers came to live with him on this farm. He was a bachelor. One of the brothers, Adolph, was married. He brought his wife with him to live on the farm. The three brothers lived together on the brother's farm until shortly before the quarrel. The two brothers brought actions against the defendant. The wife of the plaintiff also brought an action against the defendant. Adolph Voight brought this action in 1908 against Ferdinand Voight in the district court for Platte county, alleging that he had entered into a contract with the defendant by which he (Adolph) and his daughter, Lena Voight, and his other daughter, Annie Voight, and his son, Christian Voight, and his other son, Henry Voight, should work for the defendant on the farm then owned by the defendant, which was near Genoa, Nebraska; that they were to work for defendant as long as it was mutually agreeable, and that they were to receive for their labor a fair and just compensation; that on the 26th day of October, 1908, the said defendant repudiated the said agreement, and ordered the plaintiff and his children to leave the place, and refused to pay any sum whatever to the said Adolph Voight and his children for the labor which they had performed; that the said Ferdinand Voight was indebted to the plaintiff because of the plaintiff's services and the services of his children in the sum of $ 9,530; that Fritz Voight, one of the said brothers, brought an action in the district court for Platte county against the said Ferdinand Voight, alleging that he had worked for the defendant under an agreement that he should be paid a reasonable compensation for his services, and that said Ferdinand had failed to pay him, and that the said Ferdinand Voight was indebted to him for such services in the sum of $ 7,200; that Margaret A. Voight had brought suit against the defendant Ferdinand in the district court for Platte county, in which she charged that on or about the 4th day of April, 1908, said Ferdinand Voight had made an assault upon her, and had struck her a blow with his fist, and had thrown her with force and violence against a table, and by reason of such assault the said plaintiff, Margaret A. Voight, had been seriously injured, and had been compelled to submit to a surgical operation, and had been confined in the hospital, and that she had suffered injuries to the extent of $ 5,000 for the assault. It was also charged in the said action that the said Ferdinand Voight had abused and vilified the plaintiff in said case and had called her by vulgar and abusive names; that after the bringing of the said cases the pastor of the said brothers got the parties together and compromised their differences; that, as a result of the compromise, the defendant gave the two brothers a lease of the farm, and also made a bill of sale of a considerable amount of personal property; that the two brothers and the plaintiff's wife joined in a release of all claims that they had against the defendant, and that pursuant to this settlement they entered into possession of the farm and of the personal property. The parties appear to have made a settlement by which Ferdinand Voight promised to Adolph and Fritz Voight that he would rent his farm to them for five years at $ 1,000 a year, and that they might have the farm so long as he owned it; they to settle and to withdraw their suits against him. Ferdinand was to give to the brothers all of the personal property, including horses, cattle, hogs, and machinery, and also a cornfield containing from 700 to 1,000 bushels of corn, and 60 bushels of wheat, and 600 pounds of flour in the mill, and was to pay the brothers in money $ 2,000 each, to Adolph Voight $ 2,000 and to Fritz Voight $ 2,000. The money was to be paid when he sold his farm. He was also to pay Henry Voight, the son of Adolph Voight, $ 200. Ferdinand Voight reserved to himself the wheat in the granary, the corn in the crib, the fat hogs, the buggy team with the two gray horses and harness, and reserved to himself three rooms in the house when he should come to visit.

The instant case was brought for $ 2,000 promised to Adolph on the agreement. It was brought March 22, 1910. It is said that a similar suit is still pending in the district court for Platte county in which Fritz Voight is plaintiff against the defendant. It is said also that, after the pastor, Rev. Klatt, had put the agreement in writing it was read to the parties, and thereupon they got upon their knees and offered thanks to God that their difficulties had been settled.

The paper prepared by the pastor was not signed, and the parties seem to have contemplated that other papers might possibly be drawn so as to put their intention in an improved legal form. For this purpose they met in St. Edward on November 12, 1908, and certain papers were then prepared to be signed. It is claimed by the appellee that the Rev. Klatt was to go with the parties to St. Edward, but that he was prevented from doing so by Ferdinand. After the papers had been submitted, but before they were delivered, it is claimed by the appellee that one of the brothers spoke up and said that we have also got to have a writing, and that Ferdinand said to keep still about that; that, if the attorneys found out that, they would want a percentage, and that he would rather give it to the brothers than to give it to the attorneys down at Columbus. In any event the result was that there was no promise in writing to pay each of the brothers $ 2,000, as it was agreed upon, and as it had been written down in the unsigned agreement prepared by the Rev. Klatt. A lease of the farm was made, but it seems only to have been made for a little more than one year, instead of five. The lease made was from the 11th day of November, 1908, until the 1st of March, 1910. There was an agreement between all of the parties "to be good and kind to Ferdinand Voight, we will never make him any trouble or costs. If he is on the place we will board him free, and attend to his pony team when he is away and take good care of them until his return." The lawsuits then seem to have been settled. A bill of sale was made by Ferdinand Voight to Adolph Voight for the consideration of one dollar and conveying to Voight five horses, one mule, a farm wagon, a truck wagon, a top buggy, 25 hogs, one-half interest in steam threshing machine, one-half interest in all farm implements on the Voight farm, and four milch cows.

The petition in the instant case alleges that the plaintiff Adolph Voight, is the father of Emma Voight, aged 14 years, Lena Voight, aged 16 years, Annie Voight, aged 19 years, Christian Voight, aged 20 years, and Henry Voight, aged 22 years. The age of each is set forth as it was November 1, 1908. It is alleged that said children have always resided with the plaintiff and his wife, and that the said children and the plaintiff and his wife constituted one family; that in the month of May, 1889, at the special instance and request of the defendant, the plaintiff and his said children took up their abode with the defendant, and entered into his employ as farm laborers with the agreement that they should labor for the defendant as long as it was mutually agreeable, and at the termination of said employment plaintiff was to be paid a fair, just and reasonable compensation for the labor performed by him and his said children during their minority, and that they continued to work for the defendant under the said agreement until about November 1, 1908; that on or about said 1st day of November, 1908, certain goods and chattels were turned over by said defendant to the plaintiff in part payment of the work and labor so performed by him and his minor children as aforesaid, and on said day an account was stated...