Miller v. Wood

FOX, P. J.

This appeal involves two actions for the rescission of the purchase of real property and for damages. Plaintiffs Joseph and Berenice Tampico and Melville S. and Sarah B. Miller commenced separate actions against Ernest J. and Thelma A. Wood, vendors, and Howard J. Beck, broker, on August 12, 1958. Thereafter, both causes of action were consolidated for trial. Judgments were rendered for the defendants Wood on all counts, and against defendant Beck on the count for damages. Plaintiffs bring a consolidated appeal, on the judgment roll, from the trial court judgments.

“ Where the appellant has designated only the papers and records constituting the judgment roll and has not given notice to prepare a reporter’s transcript, the judgment roll shall constitute the record on appeal. ...” (Rule 5(f), Rules on Appeal.) Also, it must be presumed that the trial court received sufficient evidence to support its findings.

(White

v.

Jones,

136 Cal.App.2d 567, 571 [288 P.2d 913].)

The findings relative to this appeal are as follows: In March of 1958 the Woods purchased two contiguous pieces of property in Pasadena, California. Soon thereafter they employed defendant Beck. Because the nature of this employment relationship is determinative, it is advisable to set forth the finding of fact which bears upon it. The findings in both Clerk's transcripts are identical: ‘‘On and after the 19th day of May, 1958 and theretofore, but subsequent to March 14, 1958, Defendant Howard J. Beck, a licensed California Real Estate Broker, was employed by Defendants Ernest J. Wood and Thelma A. Wood, and was authorized by Defendants Ernest

[713]

J. Wood and Thelma A. Wood to and did in fact act generally for the benefit of and on behalf of Defendants Ernest J. Wood and Thelma A. Wood, to manage said real property

and to handle the property dealings for [them] as their ’broker.”

*

(Emphasis added.) It was further found that defendant Beck fraudulently induced the Tampicos to enter into a contract of purchase of one of the two parcels on May 19, 1958, by the making of five enumerated misrepresentations. The Millers were fraudulently induced to purchase the other parcel by Beck on or about June 24 of the same year, by the making of four enumerated misrepresentations. Both the Tampicos (July 24, 1958) and the Millers (July 30, 1958) discovered the falsity of the representations made by Beck and thereupon notified the Woods in writing of their discoveries and declared that they were rescinding the contract and purchase and offered to restore what they had received as a result of the transaction. The Woods were found to be free of culpable conduct themselves and had no knowledge of Beck’s machinations until they received the Tampicos’ notification.