Wells v. Goff

• Decision Date: 14 May 1951
• Docket Number: No. 41908,No. 2,41908,2
• Parties: WELLS v. GOFF
• Court: Missouri Supreme Court

Page 301

239 S.W.2d 301

361 Mo. 1188

WELLS v. GOFF.

No. 41908.

Supreme Court of Missouri, Division No. 2.

May 14, 1951.

R. P. Smith and Robert G. Brady, Cape Girardeau, for claimant, cross appellant & respondent.

Parke M. Banta and Edgar & Banta, all of Ironton, for John Goff, defendant-appellant.

BARRETT, Commissioner.

This is a demand for services by Stella E. Clark Wells against the estate of William Claude Allen. The services were rendered over a period of twenty years and the demand alleged that their reasonable value was $21,900. The trial court found 'the issues' generally for the claimant and allowed her $6500. Both the administrator and the claimant appeal from the $6500 judgment; the administrator because there was an allowance in any sum, and the claimant because she was not also allowed, in addition to the $6500, the balance or difference in the total sum claimed, $15,400.

The essential issue, determinative of this cause and of this appeal, is whether a 'family relation' existed between Claude and Stella. The claimant alleged that the deceased 'greatly relied upon the services and assistance of this claimant in all of his affairs, and promised and intended to compensate and pay this claimant therefor, and promised and intended to make her the owner of an equal half interest in all of his property, businesses and assets, * * *.' But, admittedly, there was no express contract regarding compensation and it is not urged that a 'contract implied in fact' is a fair inference from all the circumstances. For a complete and exhaustive annotation on the subject of recovery for services when a 'family relation' exists see 7 A.L.R.2d 8. Consequently the claimant is compelled to rely upon the fact that there was no 'family relation' and the general rule, applicable between strangers, that a claim for services rendered and voluntarily accepted may be sustained upon proof of the rendition of the services. Patrick v. Crank, Mo.App., 110 S.W.2d 381, 384. If there was a 'family relation' Stella tacitly admits that she is not entitled to recover any sum. Kopp v. Traders Gate City Nat. Bank, 357 Mo. 659, 210 S.W.2d 49; Trantham v. Gullic, Mo.App., 201 S.W.2d 522; Hyde v. Honiter, 175 Mo.App. 583, 158 S.W. 83. In this connection, however, she insists that there was no proof of a family relationship. There were no specific findings of fact or conclusions of law and since the trial court found the issues generally for the claimant it is insisted that the finding is comparable to the finding of a jury that no such relationship existed and that this court is conclusively bound by the trial court's finding of the fact. But this cause was tried by the court without a jury and it is the duty of this court to 'review the case upon both the law and the evidence as in suits of an equitable nature', Mo.R.S. 1949, Sec. 510.310(4), and 'give such judgment as such court ought to have given, as to the appellate court shall seem agreeable to law.' Mo.R.S. 1949, Sec. 512.160. In any event if there is in fact no doubt as to the nature and existence of the relationship it must be so declared. Wood v. Lewis' Estate, 183 Mo.App. 553, 564, 167 S.W. 666; Nelson v. Poorman's Estate, Mo.App., 215 S.W. 753, 754.

More than twenty years ago now Claude and Stella drove into the Glover community in Iron County. Claude was 'peddling candy' from a truck. They rented 'a place,' including a garage from John Goff. They operated the garage and a combination general store and restaurant. In 1934 Claude bought 'a place of his own' near Goff's and Claude and Stella moved. From that time until his death in June 1949 they operated a sawmill and planer as well as a store, restaurant and garage. It is a fair inference that Claude and Stella had but little, if any, means when they came into the Glover community. After Claude's death his estate inventoried about $18,000.

The nature and extent of Stella's arduous services throughout the twenty years could not be denied, and the neighbors and witnesses familiar with her labors, quite understandably, thought that she was entitled to compensation. She wore greasy overalls and did a man's work. She was a mechanic and overhauled automobiles and trucks. In between times, as occasion demanded, she worked in the store. She labored in the sawmill along with the men, carried lumber to and from the planer, eight and nine hours a day six days a week. All of the witnesses, except Claude's daughter, were men who had no opportunity to observe what went on in the living quarters and there was but little testimony concerning her performance of any household tasks. Claude's daughter disparaged Stella's household services as much as possible. In describing them she said: 'There was no housework done. She probably cooked a pot of beans.' As to whether Stella did any housecleaning she said: 'Very little. You can go look for yourself. Q. Did she ever wash any dishes? A. Maybe they would set over from one meal to the next and they were washed in sour dish water.'

During the first ten or twelve years that Claude and Stella lived in The Glover community it was not known that they were not married. Claude's wife and children lived in an adjoining county, not many miles away, but it was about ten years before they knew that Claude was living in the Glover community. When Claude and Stella moved into the community John Goff said that Claude introduced Stella as his wife. He said, 'Yes, she lived there with him' about twenty years. He said that other women 'stayed there part of the time.' One witness said, 'I know she had left him at one time and he went up and said he couldn't get along without her.' Some of the witnesses finally heard that Claude and Stella were not married but some of them who did not hear the rumor and as to whether they were husband and wife said, 'No, I didn't know what they was.' Some of the witnesses said simply, 'They were there together.' The living quarters were in rooms to the rear of the store and none of the witnesses, except Claude's daughter, had been in those rooms and they could not say whether Claude and Stella lived together as husband and wife. They were known as 'Claude and Stella' and 'They stayed around there,' or 'They were there together is all I know,' or 'She always went by Stella Allen is all I know about it.' They all emphasized the fact of her manual labor, 'He had a lot of old cars and then they worked there. I saw Stella there many a time working on cars.' In 1937 and 1938 Claude's daughter, Thelma, and her grandfather stayed with them and Thelma went to school two terms. One school year her younger brother was there. Occasionally Claude's wife 'would just go down a day and come back.' Thelma had not been there in the past eleven years but when she was there in 1937 and 1938 she said, 'They were living just as near a man and wife as I ever seen a man and wife live.'

Stella's counsel urge that there was no proof of 'illegal and immoral cohabitation of the parties' and therefore there was no 'family relation' in the sense of a common law marriage. This action does not concern the rights and remadies in respect of property accumulated by a man and a woman living together in illicit relations. Annotations 75 A.L.R. 732; 120 A.L.R. 475. There was no deception on Claude's part as to his marital status and Stella does not claim that she lived with him under the mistaken belief...