Facts

Plaintiff David Kyle asked defendant Phillip McCall to purchase a piece of real property for the plaintiff at a probate auction. The defendant had been raised as a foster child by plaintiff's in-laws. The plaintiff supplied the defendant with the broker, the funds and the mortgage company. The plaintiff agreed to give the defendant a 25 interest in the property if the defendant lived in it, paid the mortgage and signed a quitclaim deed to the plaintiff for a 75 percent interest. Subsequently, the plaintiff attempted to sell the property. The defendant refused to cooperate, arguing that he owned the property in its entirety.