Alles v. Hipp

SHINN, P. J.

Defendant appeals from a judgment of $300 awarded plaintiff for his services as a real estate appraiser and valuation witness. His contentions are that the evidence does not support the findings and that the findings do not dispose of all the issues.

Defendant was the owner of property on Beaudry Avenue in Los Angeles, which was being acquired by the state through condemnation. He employed plaintiff to make a report as to the value of his property for $300, and to testify in court as to its value at $100 per day. Plaintiff made a written report and was paid therefor $300. He was on the witness stand three days, a major portion of which time was consumed in cross-examination by the attorney for the state. He was refused compensation for his attendance upon court,

[731]

and brought the present action in the municipal court. Defendant filed a counterclaim for large damages alleged to have been suffered by reason of plaintiff’s incompetence as a witness, and the case was transferred to the superior court. By his answer defendant alleged that although plaintiff represented himself to be well qualified, his services were incompetently rendered, worthless and detrimental; that to induce his employment plaintiff represented that defendant would receive not less than $37,000 for his property and that his, plaintiff’s, services would not require more than one day in court. It was alleged, as purely evidentiary matter, that as a witness plaintiff became “rattled, nervous, confused and inconsistent”; that he was ridiculed by the attorney for the state as a “chaser” and a “liar”; that the trial judge in his instructions intimated that he has been untruthful, and, in general, that plaintiff’s efforts to establish a value of $39,500 for the property were so futile, and so altogether pitiful, that they influenced the jury against defendant, with the result that he was awarded but $29,000 for his property, whereas it was worth not less than $37,000. Defendant sought $8,000 as damages.

The claim of insufficiency of the evidence to prove that plaintiff fulfilled his contract is presented as a discussion of the weight of the evidence and inferences therefrom. According to plaintiff’s testimony he was a highly qualified expert and his services as such were competently rendered. According to the testimony of the defendant, which had some corroboration, plaintiff put forth a miserable effort to establish a value for the property of $39,500. Defendant lived on his property and for 25 years had been a real estate broker. He had ample opportunity to judge of plaintiff’s qualifications before he used him as a witness, as did his attorney. The question in the present action was whether plaintiff, as an expert witness, had employed the knowledge, skill and ability which were required for fulfillment of his contract. The entire matter was gone into at length and there is ample evidence in the record to sustain the conclusion of the trial court.