Youngs v. Case, 38314

• Decision Date: 23 June 1959
• Docket Number: No. 38314,38314
• Parties: Joe YOUNGS and Barna W. Youngs, Plaintiffs in Error, v. Ward R. CASE, Jr., Administrator of the Estate of Mollie Albertson Case, deceased, Arthur E. Case, Doris Case Massengill, Edith Case Stone and Ward R. Case, Jr., Defendants in Error.
• Court: Oklahoma Supreme Court

Page 572

341 P.2d 572

1959 OK 129

Joe YOUNGS and Barna W. Youngs, Plaintiffs in Error, v. Ward R. CASE, Jr., Administrator of the Estate of Mollie Albertson Case, deceased, Arthur E. Case, Doris Case Massengill, Edith Case Stone and Ward R. Case, Jr., Defendants in Error.

No. 38314.

Supreme Court of Oklahoma.

June 23, 1959.

Rehearing Denied July 21, 1959.

Syllabus by the Court

Where an attorney, who is a non-resident of this State, rendered legal services to another who is also a non-resident of this State, in the purchase of 80 acres of land located in the State of Oklahoma, and agreed to render him further legal services as he may require until said land is disposed of by the buyer, and then enters into a contract with the buyer that as compensation for his services rendered, and to be rendered, shall receive one-half of the net income from said land until disposed of, and one-half of the profit made thereon when sold, constitutes joint adventure and an equitable interest in such land, and an action will lie under Tit. 12, O.S.1951 § 131, in the county in this State where the land is located.

Appeal from District Court of Caddo County; L. A. Wood, Judge.

From a judgment for plaintiffs, defendants appeal. Affirmed.

Barney & Pain, Anadarko, for plaintiffs in error.

DeBois & DeBois, Duncan, for defendants in error.

PER CURIAM.

This action was brought by Mollie Albertson Case and Ward R. Case, Jr., plaintiffs, against Joe Youngs, Barna W. Youngs and Anderson-Prichard Oil Corporation, as defendants. The plaintiffs alleged in substance, in their petition, that a contract was entered into between Ward R. Case, deceased, and the defendant Joe Youngs; that Joe Youngs employed Ward R. Case, an attorney, to render him services in the purchase of an undivided one-half interest in 80 acres of land located in Caddo County, Oklahoma, and agreeing to render further legal services as he may require until said land is disposed of by the said Youngs, and for his compensation for services rendered and to be rendered he was to receive one-half of the net income from said land until disposed of and one-half of the profit made thereon when sold. With the further provision in the contract as follows:

'The said Case in addition is also to be reimbursed from time to time for any necessary expenses incurred by him in looking after said land, such expenses to be charged by said Youngs as part of the cost of said land unless the same can be paid from income; but the said Case agrees not to incur any other than minor expenses without the consent of said Youngs.

'This agreement shall be binding upon the Administrators, or Executors and the heirs or devisees of the said Youngs if said land shall not have been disposed of before his death.

'Witness our signatures in duplicate this 18th day of October, 1933.

/s/ Joe Youngs

/s/ Ward R. Case.'

The petition further alleged that pursuant to provisions of said contract Ward R. Case performed the services as provided for therein and at all times complied with the terms and conditions thereof; and

'That Ward R. Case departed this life on July 31, 1947, while a resident of Fentress County, Tennessee. That following the death of said Ward R. Case and in order to eliminate the necessity of disposing of said lands the said Joe Youngs requested that Ward R. Case, Jr., a practicing attorney in Fentress County, Tennessee, and the son of Ward R. Case, continue to perform and necessary legal services in connection with said lands on behalf of the said Joe Youngs and the plaintiff Mollie Albertson Case, who was the sole beneficiary under the Will of Ward R. Case, deceased, until the same was disposed of and that at the request of Joe Youngs a contract was entered into between Joe Youngs, Ward R. Case, Jr., and Mollie Albertson Case, which contract is as follows:

'This Agreement made and entered into this the 21st day of May, 1948, by and between Joe Youngs, of Allardt, Tennessee, Ward R. Case, Jr., of Jamestown, Tennessee, and Mollie Albertson Case, of Jamestown, Tennessee:

'Witnesseth:

'Whereas, JOE Youngs, on the 10th day of April, 1933, purchased from D. C. Beaty and Nannie Beaty, his wife, a one-half (1/2) undivided interest in and to the following described tract or parcel of land, to-wit:

'The W/2 SW/4 of Section 23, township 6 North, Range 10 West of the Indian Meridian, Caddo County, Oklahoma, containing 80 acres more or less.

'And, Whereas, at the request of said Joe Youngs, at that time Ward R. Case, an attorney, of Jamestown, Tennessee, rendered legal services in behalf of said Joe Youngs in connection with the purchase of said land and agreed to also render such further legal services in connection with said land as were required until the land was disposed of by said Joe Youngs, and by an agreement in writing dated the 18th day of October, 1933, said Joe Youngs agreed to pay and said Ward R. Case agreed to accept as compensation for said legal services one-half (1/2) of the net income from said property until the same was disposed of and one-half (1/2) of the profit made thereon when sold, the cost of said property to said Joe Youngs being the sum of Two Thousand Three Hundred Forty Two and 94/100 ($2,342.97) Dollars and being the amount to be taken into consideration in determining the profit made when the land should be disposed of by said Joe Youngs;

'And, Whereas, said Ward R. Case rendered all necessary and required legal services to said Joe Youngs in connection with said property up until the date of the death of said Ward R. Case on the 31st day of July, 1947, and said Joe Youngs paid to said Ward R. Case a one-half of the net income from said property up until said date, but as of said date the property had not been disposed of by said Joe Youngs;

'And, Whereas, Ward R. Case, Jr., is a duly licensed and practicing attorney of Jamestown, Tennessee, and said Joe Youngs has requested that said Ward R. Case, Jr., take over in place and stead of said Ward R. Case, deceased, and in that regard perform all necessary legal services in connection with said tract of land until the same is disposed of by said Joe Youngs, and said Ward R. Case, Jr., agrees to perform said services, and requests that any consideration received therefor be paid to Mollie Albertson Case, who is the sole beneficiary of the estate of Ward R. Case, deceased, under the Will of Ward R. Case, deceased, which is of record in the office of the County Court Clerk of Fentress County, Tennessee, during the lifetime of said Mollie Albertson Case, and after her death to her lawful heirs;

'And, Whereas, since the date of the death of said Ward R. Case, deceased, said Joe Youngs has paid to Ward R. Case, Jr., for the use and benefit of Mollie Albertson Case, one-half of the net income from said property.

'Now, Therefore, It Is Hereby Agreed Between Said Parties As Follows:

'First: Ward R. Case, Jr., agrees to perform all legal services necessary or required for said Joe Youngs in connection with the above described property, until the same is disposed of by the said Joe Youngs.

'Second: In consideration of past legal services rendered by Ward R. Case, deceased, and the agreement by Ward R. Case, Jr., to perform future legal services as hereinabove mentioned, said Joe Youngs agrees to pay to Mollie Albertson Case during her lifetime, and to her heirs if she should die before said land is disposed of, a one-half of the net income from said land and a one-half of the net profit made thereon when sold.

'Third: Mollie Albertson Case agrees and directs that any payments due her hereunder may be made to Ward R. Case, Jr., for her use and benefit.

'Fourth: This agreement shall be binding upon the Administrators, Executors, Heirs and Devisees of said Joe Youngs in case said land shall not have been disposed of before his death.'

The trial court made findings of fact and conclusions of law. The findings of fact fully sustains the allegations contained in the petition of the plaintiffs.

The conclusions of law are reflected by the Journal Entry of Judgment which provides in part:

'* * * and the court having considered the pleadings, the evidence and argument of counsel, and authorities submitted, finds the issues generally in favor of the plaintiffs and against said defendants, the court having further entered herein its findings of fact and conclusions of law, copy of which is attached hereto as Exhibit 'A' and made a part hereof.

'It is therefore...