Redsted v. Weiss

NOURSE, P. J.

Plaintiff sued for the recovery of real property on the theory that the property was purchased by defendant Albert L. White acting as agent for plaintiff and title taken in the name of his daughter Reva L. White contrary to the terms of the agency. The cause was tried to the court .without a jury and resulted in findings and judgment for the defendants. The burden of plaintiff’s appeal is that the findings of fact and conclusions of law adverse to her are in conflict with a written opinion of the trial judge and with oral comments during the course of the trial.

In August, 1943, plaintiff took title to property at 431-435 Duboce Avenue in San Francisco. She employed defendant Weiss, whose name was changed to A. L. White, to make some repairs to the building. White was a carpenter but not a contractor. When plaintiff planned to convert the upper floors of the building into apartments she consulted White and the suggestion was made that he take a portion of the title in his name so that he could perform the work of conversion as part owner and thus avoid the necessity of securing a contractor’s license. Plans were prepared which were rejected by the authorities and the parties were notified that the contemplated reconversion was contrary to the building laws and regulations. Plaintiff then attempted to purchase an adjoining property fronting on Belcher Street. She borrowed $100 from A. L. White which she paid to the agent of the owner. This was returned to plaintiff when the owner refused to sell. After repeated demands the $100 was returned to A. L. White, but not until after plaintiff had been compelled to redeem a bad check which she had given White for the purpose.

Plaintiff thereafter found that another piece of property was for sale. This is designated as 439-441 Duboce Avenue and is the property in suit. She testified that she made the offer in the name of Reva L. White with the understanding that title was to be transferred to her at a later date. In this she was contradicted in the testimony of defendant A. L. White and Reva L., and the trial court found that all the al

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legations of her complaint relating to the purchase of the property were untrue.

A large part of the voluminous transcript consists of testimony relating to the previous conversations of the parties relative to the reconversion of the property owned by plaintiff and has no bearing on the present controversy. Prom the relevant testimony it appears that plaintiff first attempted to purchase the property in suit but had no money to pay. She advised A. L. White that the property was for sale and he arranged for the purchase by his daughter Reva L. White. The latter paid $.600 of her own funds and gave a deed of trust in the sum of $3,600 payable in monthly instalments of $65 with interest. The plaintiff paid nothing. Her testimony that A. L. White made the purchase as her agent and with an agreement to reconvey to her was contradicted by other witnesses and found untrue. The testimony fully supports the theory of the defendants that, though plaintiff first discovered that the property was for sale and expressed the desire to purchase it, she was unable to do so and permitted the defendants to complete the purchase in their own names and for their own purpose.