Jaffe v. Heffner

[514]

GRIFFIN, P. J.

Plaintiff and respondent Rose Jaffe, as administratrix of the estate of her deceased husband, Guss Jaffe, brought this action against defendants and appellants Robert D. Heffner and Tudy N. Heffner, husband and wife, et al., to quiet title to an undivided one-half interest in certain described acreage in Imperial Valley (80 acres). Service was had upon defendants and appellants William R. McCall and Mary McCall. All appeared by answer, claimed title to all of said property, and prayed that title be quieted in them and that plaintiff be forever debarred from asserting any claim thereto. The trial court found generally in favor of plaintiff and against defendants, and accordingly entered judgment. The appeal is from this judgment.

Plaintiff claims she is entitled to this undivided one-half interest in the property because her husband, Guss Jaffe, an attorney, during his lifetime made an agreement with defendants Heffner, as joint adventurers, that they would buy this property and that each should own an undivided one-half interest therein; that such agreement was partially performed and that plaintiff, after her husband’s death, continued the agreement.

Mr. Heffner and Mr. Jaffe had known each other since 1944. They were engaged in the purchasing of tax title property. Apparently, Heffner put up the money and Jaffe furnished the legal services. When the property was sold Heffner was repaid and the profits then divided equally. These parties held title to 30 parcels of property acquired under this agreement. Heffner testified that later, due to changes in the laws, about December 31, 1951, their agreement and method of purchasing such properties was changed to some extent; that some form of balance was struck on August 23, 1945; that on December 25, 1953, in two instances, Heffner and Jaffe each put up one-half of the purchase price of the property, and on various occasions each party caused lands to be put up for auction by advancing publication costs. About October, 1953, they looked at the parcel of property here involved and it' was agreed that they would jointly purchase it at auction for $800 ($10 per acre) each to put up one-half of the purchase price if the bid did not exceed that amount; that $15 for advance publication was paid to the county tax collector of Imperial County from a joint partnership account they maintained in order to have the property advertised for public auction. They left their names and Jaffe’s address with