Dreher v. Rohrmoser

DRAPEAU, J.

Defendant, George J. Rohrmoser, «was employed by plaintiff, who was a general contractor and builder of homes.

Through a real estate broker, plaintiff bought two lots in Wilmington for $2,000, which amount he paid into escrow. At that time he told defendant George that he wanted to put the lots in his (defendant’s) name “for convenience sake, so that he could get the permits and the titles and the loan.” And thus expedite the construction of two houses on the lots. Defendant agreed to this arrangement.

Accordingly, a grant deed to “Geo. J. Rohrmoser, a married man” was executed by Charles V. Huck, et al., owners of the lots. Defendants had no dealings with either the real estate broker or the owners. Thereafter, plaintiff arranged for two building loans of $6,000 each and, at his request, defendant signed the notes and deeds of trust securing the same.

On October 21, 1953, when the houses were completed and sales thereof to third parties were pending, defendant George J. Rohrmoser executed a grant deed conveying the property to the plaintiff. When plaintiff presented the deed to Mrs. Rohrmoser, she refused to sign it. This action to quiet title followed.

The answer alleged ownership in defendants under the deed from Huck, et al. It also alleged execution of the trust deeds and an oral agreement pursuant to which plaintiff constructed the two houses and was paid $12,000 therefor.

Defendant George J. Rohrmoser admitted he had made no payments on the notes; that he never paid any portion of the purchase price and did not know what it was until he heard plaintiff’s testimony at the trial. He also testified that on several prior occasions he had taken title to lots for plaintiff and had thereafter executed deeds to the new purchasers; also that he took title to the instant property to protect plaintiff from his creditors.

From the judgment quieting title to the property in plaintiff, defendants appeal.

Appellants take the position that:

1. They acquired the lots in question as community property by the deed from Huck, et al.

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