Patrick v. Hardisty
Patrick v. Hardisty
Opinion of the Court
These appeals involve a longstanding dispute over the ownership of real property located at 1250 Eighth Street, N.W. At a trial on the merits the trial court, sitting without a jury, entered judgment in favor of appellee, John Hardisty. Following a further evidentiary hearing, the court released to Hardisty all monies deposited in the court registry pursuant to Superior Court Landlord and Tenant Rule 5(c). Appellant, John T. Patrick, appeals from both rulings on the basis that evidence regarding a second agreement between the parties was improperly excluded at trial. We agree, reverse, and remand for further proceedings. '
This dispute was previously before another division of this court on appeal from a grant of summary judgment in favor of appellee. See Patrick v. Hardisty, 483 A.2d 692 (D.C. 1984) (hereinafter “Hardisty I”). As we noted then, “[t]he factual and procedural background of this case is complex.” Id. at 693. We will not repeat that division’s explication of the details of the transactions and the procedural steps taken as of the time that opinion issued. Instead, we incorporate by reference the statement of facts in that opinion.
Hardisty maintained in the ensuing trial, and the trial court agreed, that the court’s opinion in Hardisty I limited the issues to be tried on remand to the question of the existence of a single, alleged oral contract; one between the owner, Har-
Hardisty, taking the same approach as the trial court, places heavy reliance on footnote twelve in Hardisty I to support its position on the limited nature of the issue remanded to the trial court. See Hardisty 1, supra, at 697. [6/27/86 Tr. at 9, 14] In footnote twelve the court stated that “our remand is limited to consideration of the rights of the parties under the alleged oral contract.” Id. at 697 n. 12 (emphasis added). Hardisty contends that the use of the word “the,” combined with the fact that the only oral contract discussed by the court in Hardisty I was the contract involving R.L.A., indicates that the remand was limited to the question of the existence and rights of the parties under this particular contract.
A reading of Hardisty 7 as a whole, in our view, does not bear out Hardisty's interpretation of that opinion. In Hardisty I the court repeated Patrick’s contractual claim as stated in his pleadings as follows:
That [appellant John Patrick] started [making] the payments which had been begun by his brother [Marvin] Patrick, until there came a time when he entered into an agreement with the plaintiff Har-disty, to make certain necessary repairs and to keep the house in a habitable condition, until such time as the property could be sold at which time the defendant would have received all of the proceeds of such sale over and above the balance owing on the note signed by Marvin A. Patrick.
Id. at 696 n. 11. Appellant’s pleadings were broad enough to encompass a contract involving a sale to a purchaser other than R.L.A. Indeed, this language expresses what appellant still maintains the parties agreed to after it became apparent that the R.L.A. transaction was dead. The trial court appears to have recognized this, but concluded that footnote eleven, which quoted Patrick’s pleadings as set forth above, had to be read in conjunction with footnote twelve. Footnote twelve is not, however, to be read in conjunction with footnote eleven which is in a different paragraph on a different page. Rather, it is appropriate to read footnote twelve in light of the text which refers to it. Read in this light, it becomes apparent that the word “the” in footnote twelve is intended to distinguish the oral contract claim from appellant’s other claims involving a Plea of Title and rights under a written contract. The word “the” was thus intended not to restrict the scope of any alleged oral contract, but merely to distinguish it from the written contract.
Moreover, this interpretation is consonant with the rest of the court’s opinion. In summarizing its holding the court stated,
[ajppellant is entitled to have the issues of whether there was an oral contract,*48 the rights of the parties to possession of the property under the oral contract, and any remedies available under the oral contract considered by the trier of fact.
Hardisty I, supra, at 697 (emphasis supplied). The court was thus explicit in its refusal to delve into the precise terms and confines of the alleged oral contract. The court emphasized that the scope of its inquiry was narrow because the appeal before it was from a grant of summary judgment. See Hardisty I, 483 A.2d at 696 (“Our standard of review is the same as that of the trial court in initially considering the motion.” “Thus, the court’s role is not to resolve any fact issues, but rather ‘merely to see if “the record ... demonstrate[s] that there is no issue of fact from which a jury could find” for the non-moving party.’ ” (emphasis added) (citations omitted)). The court also repeatedly pointed to the limited nature of the record before it. See id. at 697 and n. 24 (“The highly ambiguous factual record in this case creates questions for the trier of fact as to whether an oral agreement existed, and the rights of the parties under it.” “Absent a fully developed factual record, we cannot determine whether, as claimed by appellee, the alleged oral agreement is not sufficiently specific to be enforceable or is unenforceable due to frustration of purpose.”). The court was unwilling to venture a position as to whether or not such a contract even existed, let alone its precise terms and boundaries.
In excluding evidence of any other oral agreements, the trial court also relied to some extent on its interpretation of a portion of deposition testimony given by Patrick.
Hardisty I did not purport to decide any factual issues regarding the terms of the alleged contract, nor could it, due to the restricted scope of its review and the circumscribed nature of the record before it. The opinion mentioned the contract involv
Reversed and remanded.
. We note that subsequent to our opinion in Hardisty I, appellee Walter Hardisty died and his brother John Hardisty, his successor in interest, has been substituted in his stead. In addition, in December 1983 the house on the property was rendered uninhabitable by a fire. While this.fire predated the court’s,opinion in Hardisty I, the court was apparently not informed of it.
. Appellee also asserts that this case is moot because possession was relinquished in December 1983 due to the fire that rendered the property uninhabitable. Under an oral contract, however, appellant claims more than a right to mere possession.
. In view of our resolution of this issue in appellant's favor, we do not address appellant’s further contention that the trial court erred in failing to grant appellant's motion for a continuance.
. The relevant testimony appears at pages 25-27 of appellant's deposition testimony.
Q Now when was it that you entered into this alleged oral agreement with Mr. Hardisty for you to stop making payments and do repairs?
A I don’t recall the exact time but it was in the 70’s when Urban Renewal was coming through there, that area there.
Q And this was an oral agreement, correct?
A Right.
Q Now if I understand what you’re telling me the agreement was he — if the Urban Renewal people took the property he was to get paid what you owed him and then you were to divide equally any excess, is that correct?
A That’s correct.
Q And what was the agreement in the event that Urban Renewal didn’t take the property?
A There was no agreement to that affect.
Q You weren’t being forgiven on your mortgage?
A What?
Q You weren’t being forgiven on your indebtedness were you?
* ⅛ * * * *
Q What was to happen with the balance due and owing on the property of $8,000 if the property wasn't taken by the District Government?
A There wasn't any agreement as I recall.
Q Were you supposed to pay it?
A Yes, I attempted to pay Mr. Hardisty on a couple of occasions.
. Appellee also contends that even if it was error for the trial court to exclude testimony regarding a subsequent agreement between the parties, the error was harmless because the trial court did not find appellant a credible witness. This ignores the fact that had the trial court permitted appellant to fully develop the later agreements, the overall force of his presentation might have been more cogent and persuasive. In any event, we cannot conclude with "fair assurance" that this would not have been the case. See Lewis v. Washington Metropolitan Area Transit Authority, 463 A.2d 666, 673 (D.C. 1983).
. It follows from this result that distribution of the monies in the registry of the court, the subject matter of No. 86-1061, ought not to have been made to Hardisty. Under the circumstances, we deem it inappropriate to grant any relief in this regard. Upon the conclusion of further proceedings, the trial court should address this matter anew.
Reference
- Full Case Name
- John T. PATRICK v. John HARDISTY
- Status
- Published