Martin v. Carter

400 A.2d 326 (D.C. 1979)

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Nature of the Case

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Facts

Martin and Fletcher owned a residential property in joint tenancy. A contract for the sale of that property to Spicer Realty was executed on October 29, 1973. Martin and Fletcher were the purported vendors of the property, and the purported signatures of each appeared on the deed dated December 4, 1973. Martin did not sign either the contract for sale or the deed. That was done by Fletcher with the forgery assistance of a title clerk who worked for an auto dealership, which Fletcher managed and owned in partnership with Martin. Spicer sold the property to Carter for $26,000 in February 1974. In April 1974, Martin (P) discovered the forged contract. P confronted Fletcher and then telephoned Spicer. P confronted the clerk and consulted with an attorney but did nothing. In August 1974, Spicer conveyed the property in fee simple to Carter. Carter (D) spent $6000 on the property over the next two years, and nothing in the record indicates that D had even the slightest hint of the forgery. In the fall of 1975, P decided to pursue the issue, Fletcher died from a hospital stay, and on March 22, 1976, P finally filed suit. The trial judge found for D and P appealed.