Jarrett v. Norton

WORKS, J.

After certain preliminary negotiations plaintiff and defendant Norton signed an agreement by the terms of which plaintiff leased to Norton a rancho owned by her and upon which she had been residing. The agreement also established a relationship between plaintiff and Norton concerning the livestock and crops then upon and thereafter to be produced upon the property which, if it did not constitute a partnership, authorized Norton to sell and deal in the personal property mentioned for the joint benefit of the two. Although the agreement between the parties was

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signed, no manual delivery of it was made, and there was a collateral oral understanding that no delivery was to occur until Norton should pay to plaintiff a certain sum of money which by the terms of the written agreement he bound himself to pay upon the “execution and delivery” of the paper. Despite this oral understanding, however, and without the payment of the sum mentioned, plaintiff vacated the rancho immediately after the signing of the written agreement, took up her residence an eighth of a mile distant from it, and permitted Norton to enter into possession of her real property and into the active management of it, as well as into the possession, control, and management of the personal property upon it. Plaintiff’s conduct in this regard was influenced by statements which Norton made to her to the effect that he would soon make the payment which was to have consummated the agreement. This he said he would do out of moneys to- come from the estate of his mother, who had then recently died in the east. Norton’s entry on the ranch was apparently near June 1st of a certain year, the record not being exactly clear on the subject, and he remained there until December of the same year, under repeated promises that he would make the overdue payment as soon as his mother’s estate was settled. Plaintiff occupied her new residence the greater part of the summer and was cognizant of what took place on the rancho. Norton’s possession was maintained by two men whom he put in charge of the property and he was frequently on it himself. Through these men, and by his own presence, Norton openly and notoriously conducted the rancho during the period of his possession, and plaintiff had nothing whatever to do with its "management. Norton, among other things, cut, every three or four weeks, alfalfa which was growing on the property at the time of his entry and sold it and collected the proceeds. Toward the latter part of the year he sold to defendant Kirk certain cattle, hogs, and turkeys which were on the rancho at the time he took possession.