Vierra v. Pereira

[630]

EDMONDS, J.

During the cropping season of 1937 a controversy arose over the plaintiffs’ interest in thirteen acres of alfalfa land owned by the defendants husband and wife as community property. The plaintiffs claimed that they were entitled to possession of the property pursuant to the terms of an oral lease thereof made to them by the defendants for the period of three years from December 1, 1935. In April, 1937, they commenced this action to quiet title to their leasehold interest and to restrain any interference by defendants with it. The trial court upheld their contentions and the defendants appealed from the judgment.

The complaint alleged the making of the oral agreement of lease, a promise to reduce it to writing, and failure on the part of the defendants to keep the promise. The defendants, by way of answer, denied the existence of the lease for the term stated and pleaded the statute of frauds. They also cross-complained for restitution of the premises, damages, and other equitable relief. The problem on appeal is to determine whether the trial court correctly concluded that the case is a proper one in which to apply the doctrine of equitable estoppel. Were the defendants estopped to rely upon the statute of frauds (sec. 1624, Civ. Code; sec. 1973, Code Civ. Proc.) as a bar to any recovery by the plaintiffs? And was the defendant wife further estopped to avoid the oral agreement upon the ground that it was made without her written consent or authorization (see. 172a, Civ. Code) ?

The trial court found that on December 1, 1935, the defendants orally agreed to lease the thirteen acres to plaintiffs for a period of three years. The transaction, so the findings recite, was handled entirely by defendant husband, who acted with the authority, knowledge and consent of his wife, and as her agent. Although the wife denied that she authorized or agreed to a lease to plaintiffs for more than one year, she admitted having seen plaintiffs at work on the land, and she also testified that her husband was renting, managing and caring for the property with her consent. At no time did she repudiate any of his acts or take any steps to dis-affirm his agreement with plaintiffs. According to the testimony, a request was made by plaintiffs that the lease be put in writing, but the defendant husband stated that it was not necessary; his word was good. It appears that