Kellogg v. Shushereba

¶ 1. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an agreement for rent. The decision is therefore affirmed in part, reversed in part, and remanded for further proceedings.

¶2. Plaintiff Thomas Kellogg owns a house and land on Christian Hill Road in Bethel. In roughly 1999, he entered…