Nature of the Case
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Facts
P and D bought a house. They took title as tenants in common. The purchase price was $34,500. P paid $10,000 in cash as did D, and the parties took a mortgage loan for the remaining $14,500. They moved into the house and D undertook a considerable amount of work involving repairs and improvements while he lived there with P for somewhere between three months and eighteen months after closing. D then moved out, and the house was sold 18 years later. P lived there by themselves. Sale of the house produced net proceeds of $114,453.18. They agreed to each take $10,000 and deposit the remaining $94,453.18 in escrow. P sued, and the trial court made the following findings and conclusions. P had paid out $17,336 in mortgage payments, including principal and interest; $14,353 for capital expenses; $21,599 for real estate taxes; $3,971 for sewer charges; and $4,633 for homeowner’s insurance. Those amounts totaled $61,892. The court held that D was obligated to reimburse his parents for one-half that amount less any credits. The court found that D had supplied labor with a value of $2,000 more than any labor expended P. The court concluded that D had not been ousted and thus D was not entitled to an offset for rent. D appealed.
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