Dickey v. Pattison

MOORE, P. J.

The question for decision is whether there is sufficient evidence to support the finding that no enforceable contract was made by the parties.

Appellant Claude Dickey is the son-in-law of respondent Amelia Pattison while his wife Edna and respondent Richard Pattison are her children. Amelia was the owner of Lot C in Santa Monica. It stood of record in the name of Richard. In August, 1944, a number of conversations were had among the parties concerning the purchase of Lot C by appellants.

[660]

No written terms were ever agreed upon. However, it appears to be established that a title search was ordered by Richard, and Claude paid him $1,000 on account of the purchase and thereafter contended that the price of $2,000 had been agreed upon. After appellants’ demands for a conveyance of the lot had been rejected, they commenced this action. Following a trial the court determined that no contract had been made for the sale of Lot C to appellants.

Basing its findings upon the issues presented by the pleadings and upon the evidence adduced, the trial court found that (1) the sum of $2,000 was not a fair and adequate price for Lot C; (2) Richard did not agree to convey the lot for that sum; (3) possession of the lot was not delivered to plaintiffs nor did they take possession thereof or begin to make improvements thereon; (4) plaintiffs have not fully performed, nor are they willing to complete the terms of, their alleged contract; (5) Richard has no interest in Lot C but Amelia is the sole owner thereof; (6) Amelia never consented to Richard’s contracting with Claude for the sale of the lot to plaintiffs for $2,000 or for a sale upon plaintiff’s down payment of $1,000; (7) she never represented to plaintiffs that Richard was the sole owner; (8) she did not permit plaintiffs to take possession or to make improvements thereon; (9) plaintiffs did not rely upon statements of Richard that he owned Lot C nor were they misled by his statement of his ownership; (10) Amelia is not estopped by reason of any statement of Richard from asserting that the latter was not the true owner of the lot with the power to dispose of it; (11) also, she has not confirmed any representation of Richard that he was acting for her and she has not ratified the alleged agreement for the sale of the lot to plaintiffs.