Millar v. James

FILES, P. J.

Plaintiff recovered judgment for the restitution of real property which she had been fraudulently induced to convey. Plaintiff is appealing from the judgment insofar as it fails to make an award against the defendants Helen James and Crete Dye for the use of the property and as exemplary damages.

The trial was by the court sitting without a jury. The findings of fact reflect the following:

On June 19, 1962, defendants, by means of fraudulent misrepresentation, induced plaintiff to sign an agreement to sell her property to defendant James for a price of $45,000, of which $12.000 was to be paid in cash and the balance was to be secured by a trust deed. On August 16, 1962, defendants, by trickery, obtained plaintiff’s signature to a document which subordinated the purchase money trust deed to a first trust deed securing a loan to defendant James in the amount of $25,000.

On August 21, 1962, plaintiff conveyed title to defendant James, and defendants caused a first trust deed to be recorded to secure a loan of $25,000 made by defendants Edwards and

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St. Claire. $9,287.87 of the proceeds of that loan was disbursed to plaintiff. The balance of it, after deducting escrow and title expenses, went to the defendants. Since that transaction, the defendant James has made payments to plaintiff aggregating $1,350.

The judgment canceled the deed to defendant James, and quieted plaintiff’s title against the holders of the trust deed upon payment by plaintiff of the sum of $9,287.87 to the lenders, Edwards and St. Claire.

The findings of fact also state: ‘

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That the defendant Helen James has been in possession of the said real property since the 23rd day of August, 1962, and still is in possession thereof ; that the reasonable rental value of the said property is and at all times herein mentioned has been the sum of $100.00 per month. ’ ’

The trial court's conclusions of law

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