Graham v. Martin

HUNTER, Judge.

Charles Martin and wife, Evelyn Martin (“defendants”) appeal from a judgment imposing a constructive trust and ordering defendants to execute a deed to Thomas J. Graham and wife, Mary Frances Graham (“plaintiffs”) for the 10.51 acres of land upon which plaintiffs live and which is currently titled in the names of defendants. This transfer is to take place upon payment by plaintiffs to defendants of the sum of $28,474.00. For the reasons stated herein we reverse the trial court’s ruling and remand the case for a retrial on the issue of damages for unjust enrichment.

Defendants…