Constructive Trust Claim Dismissed—Deed Condition on Its Face Appeared Unenforceable—However, the Parties Executed a Contract Simultaneously With the Deed—Issue of Fact as to Whether Deed Condition Is Enforceable as Part of a Valid Contract—Issue of Fact as to Whether Defendant Was Unjustly Enriched

This litigation involved a home (property) that was originally owned by "A" and "B." "C," the father of the plaintiff, lived in the home with the defendant and paid "all of the carrying charges, due to an agreement made with the owners, ("A") and ("B")."

In 1990, "A" and "B" transferred the property to the plaintiff without any consideration. In 2001, the plaintiff transferred the property to defendant ("D"). The deed included a recital that "the grantee, its heirs, successors and assigns agree that the signature of the guarantor will be required in order to convey or transfer this property, or to encumber this property with any kind of loan or mortgage…." (deed condition).