SPARKS V. GUSTAFSON
750 P.2d 338 (Alaska 1988)
NATURE OF THE CASE: This was a dispute about payment from an estate for services given
without the consent or knowledge of the estate. Sparks (D), executor, challenged a judgment,
which ordered D's estate to pay Gustafson (P), manager, compensation for management services
that P rendered to the estate and for maintaining and improving the estate property.
FACTS: Sparks Sr. and Gustafson (P) were friends and business associates. Sparks Sr.
purchases a one-half interest in the Nome Center. P managed the building for Sparks Sr.
without charge until Sparks Sr. died in 1981. P continued to collect the rents without the
approval of Sparks Jr. (D). P did not request compensation for his services. P paid many of
the operating expenses out of his own pocket but never informed D of these expenses. D
wanted to sell the building to P but that deal was never completed. The building was sold to
a third party in 1983. P then sued D for a breach of an oral agreement to sell the building
to him. P also claimed a statutory or equitable lien upon the building for all the monies
that he expended on the building. At trial, the court ordered the Estate to pay P $65,706.07
for services, and improvements.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
