Memorial Hospital Ass'n v. Pacific Grape Products Co.

SPENCE, J.

— Defendant company appeals from a judgment holding it liable on a subscription pledge for the building of a hospital. As ground for reversal, it contends that the evidence is insufficient to sustain the judgment. In deciding this question, the power of the appellate court is limited to the determination of whether there is any evidence, contradicted or uncontradicted, which will support the judgment rendered, and all reasonable inferences must be indulged to uphold it, if possible. (4 Cal.Jur.2d, § 606, p. 485;

Estate of Bristol,

23 Cal.2d 221, 223 [143 P.2d 689];

Holmberg

v.

Marsden,

39 Cal.2d 592, 596 [248 P.2d 417].) In the light of this time-honored rule, we have concluded that appellant’s contention cannot be sustained.

Respondent, a nonprofit hospital association, was engaged for some time prior to November 12, 1947, in the solicitation of pledges of funds for the construction of a general hospital near Modesto, California. Considerable publicity was given to the campaign. Solicitors on respondent’s behalf called

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three times upon appellant, an industrial corporation located in that area. On the first visit, respondent’s solicitors were informed by S. F. Triplett, appellant’s president and general manager, that he would have to take up the matter with the board of directors. On the second visit, Triplett told them that he had not had an opportunity to discuss it with the board and they would have to return. Their third and final visit was made on November 12, 1947, when they received a written pledge for $5,000, bearing the name of Pacific Grape Products Company as donor and signed by Triplett. At the trial one of respondent’s solicitors related the circumstances of the third visit. He stated that they did not see Triplett at that time but that one of appellant’s employees simply delivered the pledge card to them signed as above indicated.

Appellant is a canning company which buys, processes and sells canned goods. Triplett was its president and general manager since its inception in 1926; he owned 73 per cent of its outstanding shares of stock; and the general conduct of the business, including “general supervision of the departments, the operation of the factory, in the field and in the sales,” was placed in his hands. The board of directors met at infrequent intervals, and ordinarily only at his call. For many years Triplett, without specific authorization from the board, had made contributions on behalf of appellant to the Red Cross and Community Chest. Triplett testified that the donations were made on a “history basis,” each year being “about the same amount,” and that probably when the practice of making the donations first started, he approved and authorized such procedure.