Family feud settled by Mississippi construction law decision
A daughter-father feud over a wedding gift triggered a lawsuit and enforcement of an oral construction contract in Simons v Jaggers, a recent Mississippi Supreme Court decision.
The father of the bride claimed his daughter and son-in-law promised to pay him $20,000 for constructing their new home when the home was sold. When the couple sold the home, they claimed the father had built the house as a wedding gift.
The trial court found the parties had entered into an enforceable oral contract and that the father had earned his fee. The Supreme Court affirmed finding there was substantial evidence to support the trial judge's decision and that the contract was sufficiently definite to permit its enforcement.
Of moment, the Mississippi Supreme Court did not address the burden of proof. Some previous decisions of the court had suggested clear and convincing evidence was required to prove the existence and terms of an oral contract.