Western Sierra, Inc. v. Ramos

Opinion

MILLER, J .

This is an appeal from a judgment entered in favor of plaintiff and respondent, Western Sierra, Inc. (Thereafter Western), against defendant and appellant, Joseph Ramos, upon a complaint for breach of contract and to foreclose a mechanic’s lien.

Appellant contends the evidence is insufficient to support various findings and the judgment, to the extent they find that he was required to pay Western any amount greater than $13,000 for work done by it or some real property of his.

The intent of the parties’ agreement is to be determined by their words, acts, conduct, and the circumstances existing when the agreement was made

(H. S. Crocker Co., Inc.

v.

McFaddin

(1957) 148 Cal.App.2d 639, 643 [307 P.2d 429]; see also

Gilman

v.

Nemetz

(1962) 203 Cal.App.2d 81, 87 [21 Cal.Rptr. 317, 94 A.L.R.2d 1332]). Any conflict in the evidence concerning that intent was for the trial court to resolve.

The vice president of Western testified that an oral agreement was made with Ramos for Western to excavate, place, and compact the

on-site

material on the property in exchange for $13,000. He specifically said the agreement was not to grade and fill the property to specifications presented by Ramos as there was not enough on-site material for this purpose. Ramos contended the $13,000 was to cover all work necessary to bring the fill up to specifications, regardless of the source of the fill. The vice president also presented evidence that extra work was done at Ramos’ request, and that Ramos agreed to pay for such work. When the vice president’s testimony and the inferences therefrom concerning the terms of the agreements) are considered as a whole, there is sufficient evidence to support the finding that an agreement existed to do the work which Western performed

(see Adoption of Jason R.

(1979) 88 Cal.App.3d 11, 15 [151 Cal.Rptr. 501];

Overton