SPARKS v. GUSTAFSON 750 P.2d 338 (Alaska 1988) CASE BRIEF

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:





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