Johnson v. Ware

McCOMB, J.

From a judgment in favor of defendant, Odeal M. Johnson, predicated upon the granting of defendant’s motion for a nonsuit, in an action for the reformation of a deed on the ground of mistake, plaintiff appeals.

Viewing the evidence most favorable to plaintiff, as we must in reviewing a judgment predicated upon the granting of a motion for a nonsuit

{Burt

v.

Baker,

22 Cal.App.2d 501 [71 P.2d 335], the material facts are:

November 4, 1925, plaintiff and his brother, Cornelius A. Johnson, entered into a written agreement to purchase a parcel of real property located in the city of Los Angeles for the sum of $2,600. $300 was paid upon the execution of the contract and the balance was payable in installments. The agreement provided that the property was being purchased by “Elliott I. Johnson [plaintiff] and Cornelius A. Johnson, as joint tenants.” All payments were made according to the terms of the contract, each of the vendees contributing a substantial amount to the purchase price.

On or about March 10, 1927, an attorney for the vendor prepared a grant deed to the property which recited that the property was granted to “Elliott I. Johnson and Cornelius A. Johnson.” This deed was duly placed on record in the recorder’s office of Los Angeles County April 15, 1927.

March 9, 1940, Cornelius A. Johnson died leaving a widow, Odeal M. Johnson, defendant herein.

June 25, 1940, pursuant to section 640 of the Probate Code, the probate court of Los Angeles County entered a decree

[206]

adjudging that defendant, Odeal M. Johnson, was the owner of an undivided one-half interest in the property theretofore deeded, as above described, to plaintiff and Cornelius A. Johnson.

August 19, 1940, plaintiff filed the present suit alleging that there was a mistake in the deed above mentioned and praying that the deed be reformed to show that the property described therein was deeded to plaintiff and Cornelius A. Johnson as “joint tenants.”