Teresa L. Harvey v. Jeffrey B. Dow Sr. et al., 2011 ME 4

Summary

The Maine Supreme Judicial Court held that the parents' general promises to convey land, together with their acquiescence, support, and encouragement of their daughter's construction of a house on a specific parcel, established an enforceable promise under promissory estoppel. The court vacated the Superior Court's judgment and remanded for entry of judgment in favor of the daughter. It further remanded for determination of an appropriate remedy, which could include specific performance or damages.

Holdings

1. The Dows' general promises to convey land, combined with their approval of the house site, procurement of a building permit, and substantial participation in constructing the house, demonstrated a present commitment to convey the specific property or refrain from challenging Teresa's ownership or use of it. The Superior Court therefore erred in concluding that Teresa had not established an enforceable promise under promissory estoppel.
2. Because the record permitted only one resolution of the promissory-estoppel issue, the court directed the Superior Court to enter judgment for Teresa rather than remand for additional fact-finding. The appropriate remedy, including possible specific performance or damages, had to be determined by the Superior Court as factfinder.

Questions Presented

1. Whether the Dows' generalized statements about eventually giving Teresa land, combined with their acquiescence, support, and encouragement of her construction of a substantial house on a particular parcel, created an enforceable promise under promissory estoppel.
2. What remedy was available and who should determine the appropriate remedy after judgment for Teresa on her promissory estoppel claim.

Disposition

vacated