Valentini v. Gobbi

STURTEVANT, J.

The plaintiff commenced an action against the defendant to obtain a judgment in the sum of $3,000 as for moneys had and received. The jury returned a general verdict in favor of the plaintiff for $1,056. The defendant made a motion for a new trial; his motion was denied, and the defendant has appealed under section 953a of the Code of Civil Procedure.

Prior to the year 1918 the plaintiff obtained from the defendant a lease on certain farming lands. That lease expired by virtue of its own terms. The plaintiff continued

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on the premises, holding over from year to year under the lease. This was the plaintiff’s status on April 15, 1918, when a meeting was held in the office of his attorney. At that meeting there were present besides the attorney, Mr. Iversen, the plaintiff and the defendant. On the conversations held by those three persons at that time the case largely turned. The plaintiff and Mr. Iversen were both called to the stand as witnesses. Mr. Iversen testified that the plaintiff had come to him for advice, and that thereupon Mr. Iversen sent for Mr. Gobbi, and, pursuant to such request, Mr. Gobbi called. He also testified that the two principals engaged in many disputes on several different subjects. Defendant stated that it was getting late in the season; that the ground was becoming dry, and that it was urgently necessary that the lands occupied by the plaintiff should be ploughed at once. It was his claim that many teams should be put on and that the work should be done in one day. On the other hand, the plaintiff contended that he had ample time to do his work. The witness then continued: “I was acting in the nature of mediator and tried to get them together. I saw that they could not get together and I made the propositions that Gobbi pay Valentini for the work and cancel the lease. Gobbi refused to do it. He said he was afraid of cold weather at the time this settlement was going on. He said he was afraid there will be a frost and if he had to pay for his work and there comes a frost and kills the grapes he will lose it all. I then made the proposition jnyself to Mr. Gobbi that Gobbi should oversee the ranch and we could divide the proceeds according to the original terms of the lease, an9. pay Mr. Gobbi for his work. Mr. Gobbi said it was absolutely agreeable to him and that he would do that.” The plaintiff, while on the stand as a witness, testified to the same effect. The defendant, being called to the stand as a witness, denied that the conversation was as delineated by Mr. Iversen or by the plaintiff, and continuing he stated that on the day before April 14th the plaintiff had stated that he would no longer go forward with the terms of the lease and that he was through with it. These two conflicting theories were addressed to the jury and it rested with that body to determine which theory had been sustained by a preponderance of the testimony.