LaForge v. Groendyke

BARNARD, P. J. This is an appeal from a judgment awarding the defendant husband, who will usually be referred to as the defendant, an additional $6,000 for services performed.

The plaintiff lived with his wife and daughter Jessie in a house on a 34-acre walnut grove which he owned. He also had a son Gerald, who lived near by. In 1939, he had a hired man to whom he paid $30 per month, plus room and board. In September, 1939, the defendant asked for and was given the job, being paid $30 a month and receiving board and room. In November, 1939, the defendant married the daughter, and three children were later born to them. They lived with the plaintiff and his wife, all their living expenses and other items being paid from a joint checking account, later referred to. After the death of plaintiff’s wife in June, 1946, the same arrangement continued. For some three years between 1940 and 1943, the defendant was also in partnership with his brother-in-law Gerald in raising hothouse cucumbers, devoting half his time to that project. They built hothouses costing $2,500, which was furnished by the plaintiff. When the project ended the defendant and Gerald sold everything and kept the proceeds.

From November, 1939, to 1945 a joint checking account was carried in the names of the plaintiff, his wife, and his daughter, Jessie. Mrs. Groendyke checked on this account and bought things as she desired for her own family and for the home in which they were living. In 1945, the defendant was given the right to draw cheeks on this joint account and he continued to draw such checks as he pleased until the account was exhausted sometime in 1948. The income from the ranch was deposited in this joint account and during the period in question $51,709.47 was deposited therein. During 1946 and 1947, the walnut grove seems to have been operated as a partnership. In the income tax returns for those years the defendant was reported as a partner in the operation of the grove and substantial profits were shown after allowing wages to both plaintiff and defendant, and the payment of considerable sums for outside help. In January, 1948, the defendant took full time employment in a neighboring town, which he continued until the trial of this action. In November, 1949, the plaintiff asked the defendant to vacate the house. The defendant refused to do so, saying he would make all the trouble that he could.

[524]In January, 1950, the plaintiff brought this action in ejectment seeking restitution of possession of that part of the premises on which the house and its facilities were located. In their answer the defendants alleged “by way of counterclaim” that in 1939, the plaintiff orally promised them that if they were married and “would move upon the premises,” and if the defendant would work thereon, they and the plaintiff and his wife would all live together “and the said defendants would eventually receive the said premises as their home”; that relying on these promises the defendants were married and moved upon the premises; that the defendant thereafter devoted his time to the ranch work; that he has performed the services to date and is willing to continue to perform them; and that the reasonable value of said services “to date” is the sum of $15,000. There was no allegation that such services had not been paid for or that any amount was due and unpaid. (See Lloyd v. Kleefisch, 48 Cal.App.2d 408 [120 P.2d 97].)