1. Notice how the court cites to a prior opinion-Putt v. City of Corinth-as it is setting out the law that will govern the case. This is an example of the use of precedent (prior cases). The court sets out the rule from the prior case and then applies it in this case. 

2. What was the basis of Eddie and Christi's claim that they did not owe Jagger's any money for constructing the house? Why did the court reject the argument? 

3. What evidence did the court find convincing in holding that there was an enforceable contract? 

4. How did the court determine the terms of the oral contract?

  
 

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SIMMONS V. JAGGERS 914 So. 2d 693 (2005) Supreme Court or Mississippi DICKINSON, J. A husband and wife claim that, prior to their wedding day, the father-of the prospective bride orally agreed to oversee the construction of their marital home as a wedding gift. The father of the bride claims his daughter and son-in-law promised to pay him a $20,000 fee for his services when the home was sold. Later, when the house was to be sold, the couple denied the agreement to pay the fee, prompting the father to file a construction lien on the home. The couple responded by filing suit to extinguish the lien. Not the least bit intimidated by the suit, the father countersued his daughter and son-in-law for breach of an oral construction contract. [Trial court] Judge Mask, seeking (as did King Solomon) to learn the truth and reward the righteous, conducted a trial and determined the parties had indeed entered a valid, enforceable, oral contract, and that the father was entitled to the fee. Unlike the decisions of King Solomon, a Mississippi trial court's decision may be appealed. And SO we must review this case. Though the learned chancellor's decision was less novel than Solomon's threat to split the baby, we find it was nonetheless wise and correct, We affirm. BACKGROUND FACTS AND PROCEEDINGS Shortly before Eddie and Christi Simmons were married, they considered purchasing a home. Christi called her father, Marvin Jaggers, to inspect a house in which they were interested. Unimpressed with the house, Jaggers discussed with the couple the idea of building a house The Simmeoses obtained a $115,000 construction loan and purchased a lot. Jaggers supervised the construction and completed the house, and the Şimmenses moved in. Jaggers's version of the facts Jaggers claims when Eddie and Christi were looking at houses to buy, they told him they would rather build a house, and then sell it and use the profit to purchase a condo in Florida. They told him "if (he] would build the house for them at cost, then they would give (him) $20,000 for [his) labor and time when the house was sold." After Eddie and Christi had lived in the house for approximately a year and a half, they told Jaggers they were going to Florida to look for a condo. When they returned, Christi informed him they had found one. Jaggers says he then went to the house to talk with the couple about sale of the house and payment of the $20,000. Eddie stated that they could not purchase the condo because he had "lost a lot of money in Tunica. "8 Eddie nevertheless promised to pay Jaggers the $20,000. Concerned about the money Eddie lost, Jaggers obtained a title search on the house and learned that three- weeks after the closing a second lien had been filed to secure payment of a $15,364 loan. Shortly after Jaggers confronted Eddie with this information, Eddie caled to tell him the $20,000 would not be paid. This prompted Jaggers to place a construction lien on the house. When Eddie and Christi learned of the construction lien, they filed suit to have it removed, and Jaggers counterclaimed for the $20,000. The Simmonses' version of the facts The Simmenses' story is somewhat different. They claim Jaggers offered to build the house as a wedding gift, and they deny ever making any agreement to pay him $20,000 upon sale of the house. Eddie says when Jaggers learned that the house was going to be sold, he demanded $20,000 be put aside to "put on another house" and to make sure Eddie didn't "do something SIMMONS V. JAGGERS 914 So. 2d 693 (2005) Supreme Court or Mississippi DICKINSON, J. A husband and wife claim that, prior to their wedding day, the father-of the prospective bride orally agreed to oversee the construction of their marital home as a wedding gift. The father of the bride claims his daughter and son-in-law promised to pay him a $20,000 fee for his services when the home was sold. Later, when the house was to be sold, the couple denied the agreement to pay the fee, prompting the father to file a construction lien on the home. The couple responded by filing suit to extinguish the lien. Not the least bit intimidated by the suit, the father countersued his daughter and son-in-law for breach of an oral construction contract. [Trial court] Judge Mask, seeking (as did King Solomon) to learn the truth and reward the righteous, conducted a trial and determined the parties had indeed entered a valid, enforceable, oral contract, and that the father was entitled to the fee. Unlike the decisions of King Solomon, a Mississippi trial court's decision may be appealed. And SO we must review this case. Though the learned chancellor's decision was less novel than Solomon's threat to split the baby, we find it was nonetheless wise and correct, We affirm. BACKGROUND FACTS AND PROCEEDINGS Shortly before Eddie and Christi Simmons were married, they considered purchasing a home. Christi called her father, Marvin Jaggers, to inspect a house in which they were interested. Unimpressed with the house, Jaggers discussed with the couple the idea of building a house The Simmeoses obtained a $115,000 construction loan and purchased a lot. Jaggers supervised the construction and completed the house, and the Şimmenses moved in. Jaggers's version of the facts Jaggers claims when Eddie and Christi were looking at houses to buy, they told him they would rather build a house, and then sell it and use the profit to purchase a condo in Florida. They told him "if (he] would build the house for them at cost, then they would give (him) $20,000 for [his) labor and time when the house was sold." After Eddie and Christi had lived in the house for approximately a year and a half, they told Jaggers they were going to Florida to look for a condo. When they returned, Christi informed him they had found one. Jaggers says he then went to the house to talk with the couple about sale of the house and payment of the $20,000. Eddie stated that they could not purchase the condo because he had "lost a lot of money in Tunica. "8 Eddie nevertheless promised to pay Jaggers the $20,000. Concerned about the money Eddie lost, Jaggers obtained a title search on the house and learned that three- weeks after the closing a second lien had been filed to secure payment of a $15,364 loan. Shortly after Jaggers confronted Eddie with this information, Eddie caled to tell him the $20,000 would not be paid. This prompted Jaggers to place a construction lien on the house. When Eddie and Christi learned of the construction lien, they filed suit to have it removed, and Jaggers counterclaimed for the $20,000. The Simmonses' version of the facts The Simmenses' story is somewhat different. They claim Jaggers offered to build the house as a wedding gift, and they deny ever making any agreement to pay him $20,000 upon sale of the house. Eddie says when Jaggers learned that the house was going to be sold, he demanded $20,000 be put aside to "put on another house" and to make sure Eddie didn't "do something

Answer rating: 100% (QA)

2 Eddie and Christi believed that they do not owe Jagger any money for constructing the house becaus... View the full answer