Kalajian v. Nash

PEEK, J.

In an action for slander of title to certain timber rights in land, plaintiff was awarded damages against the defendants Nash, Johnson and Pepper. Their motion for new trial was denied, and the defendant Nash alone has appealed.

Since appellant’s statement of facts fails to make any reference whatsoever to the record as provided by rule 15(a) of Rules on Appeal, we have chosen to disregard the same and have reviewed the record in light of the statement contained in respondent’s brief which is adequately supported by appropriate references.

The record discloses that in April, 1952, Kalajian, a sawmill operator, entered into a written contract with a Mr. and Mrs. Douglas for the purchase of all the merchantable timber on certain real property owned by them. The termination date for the removal of the timber was agreed to be June, 1953, but through a mutual mistake in the final draft of the contract, the date was erroneously stated to be June, 1952. During the month of June, and while the plaintiff was in possession of the real property, it was sold, subject to his rights, by the Douglases to Hayes C. and Lulu Goe. In October of that year plaintiff’s mill was destroyed by fire. At that time he estimated he had approximately 500,000 feet of down timber and somewhat more than a million of standing timber. He immediately began negotiations for the sale of the timber with a Mr. Logston, who in turn introduced him to the defendant Nash as his partner. Plaintiff’s price of $30 for the down logs and $8 for the standing timber was agreeable to Nash who stated he could get over two and one-half million feet off the land, and if plaintiff could get an extension on the time for removing the timber, he (Nash) would purchase the same. Plaintiff told Nash that the correct termination date was 1953, and that he would have the contract reformed to express the true date at any time he had a legitimate sale for the timber. Nash was so informed personally by the attorney for the Douglases that the matter could be straightened out. Kalajian gave Nash copies of the agreement he had with the Douglases and copies of all of the documents in the ease which the Douglases had filed

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against him for the balance due on their contract, and Nash kept the same for some two or three weeks. During these conversations, Nash informed plaintiff that he frequently made his deals using the names of members of his family and also that of his bookkeeper; and that he did so in order to effect tax savings. Nash continued to show interest in purchasing the timber and at one time called upon plaintiff with a woman whom he introduced as Mrs. Johnson, his secretary or bookkeeper, for the purpose of drawing up a contract. Plaintiff later learned that she was the defendant Pepper. He had never seen the defendant Johnson until he did so in court at the time of the trial. Plaintiff’s negotiations with Nash continued until January 18 or 19, 1953. It was then agreed that plaintiff would meet Nash at Weaverville and go with him to the office of the attorney who had represented the Douglases. However, he received a telegram from Nash informing him that he would be delayed. A few days thereafter plaintiff went to Nash’s home in Garberville and there arranged to accompany Nash to the attorney’s office on the following morning. When he called for Nash to go to Weaverville, Nash refused to talk to him, and he was informed by Logston that the deal was off and that their attorney had told them to have nothing to do with it.