Walsh v. Bradshaw

[587]

KERRIGAN, J.

This is an appeal from a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial, in an action for the reasonable value of work and labor performed and materials furnished.

The assignors of plaintiff, Bailey Bros., a corporation, at the instance of the defendant, erected for her a two-story frame building on Folsom street, in San Francisco. At about the time of the completion of the building one Fred Roy, having made arrangements with the defendant for a lease of the lower floor of said building, requested Bailey Bros., through James Bailey, to do the necessary carpenter work to fit up that floor for a restaurant. This work was done, and the main question in the case is, Who was to pay for it—the defendant or Roy?

Several witnesses introduced by the plaintiff testified that the defendant told the assignors to proceed with the work for Roy and that she would pay for it. Roy, who subsequently married the defendant, testified that he was to settle for the work with Bailey Bros. Defendant in her testimony said that she told Bailey Bros, that the proposed work was a matter wholly between Bailey Bros, and Roy; that she would have nothing to do with it. Robert Turpin, a witness called by the defendant, corroborated the testimony given by her and by Roy. Defendant’s counsel have filed a painstaking brief, and they have made many ingenious points indicating that Roy and not the defendant is liable for the reasonable value of the work done and materials furnished, but there is a plain conflict in the evidence, and when this is true, as has been said numberless times, appellate courts must consider all the evidence in-favor of the prevailing party as true, as well as all reasonable inferences deducible therefrom.

(Woody

v.

Bennett,

88 Cal. 243, [26 Pac. 117];

Meyer

v.

Gt. Western Ins. Co.,

104 Cal. 381, [38 Pac. 82].) So considering the testimony here, it abundantly supports the finding of the court that the defendant was to pay for the work.