Newmire v. Ford

California Court of Appeal Sep 19, 1913 No. Civ. No. 1308.Published

Before: Allen

AI Brief

AI-generated · verify before citing

Holding. The court held that the contract was too indefinite to enforce and that the plaintiff failed to provide evidence of actual damages sustained, rendering the trial court's damage award unsupported by the record. Additionally, the court noted that the action was premature as it was filed before the expiration of the time allowed for payment under the contract's terms.

Issues

Whether the contract was sufficiently definite to determine the obligations of the parties.
Whether the plaintiff proved the amount of damages sustained from the defendant's breach.
Whether the action was brought prematurely under the terms of the agreement.

Disposition. reversed

Quotations verified verbatim against the opinion

“Considering the whole contract, we are unable to see how the learned trial judge could determine therefrom its terms, or the obligations imposed upon either of the parties.”

“There is no evidence in the record tending to show that plaintiff’s damages were one thousand dollars, as found by the court.”

“But were the contract the basis of the action one proper for enforcement, under the optional right given defendant no sum was due from her for sixty days after the execution of the agreement, and the action being brought before the expiration of such time, the same is premature.”

Synopsis

John L. Childs, Judge presiding.

The facts are stated in the opinion of the court.

ALLEN, P. J.

The action was one upon a written contract alleged to have been entered into between plaintiff and defendant, and was in these words:

“This agreement, made and entered into this 5th day of June, 1911, witnesseth: That, whereas Earl Newmire, Esq., attorney at law, has undertaken, first, the defense of Caroline F. Ford, charged with the murder of A. P. Ford, and has agreed with the said Caroline F. Ford to procure the testimony of physicians necessary to her proper defense and employ detectives and other help when the same becomes necessary ; and secondly, has further undertaken on behalf of said Caroline F. Ford to have the last will and testament of said A. P. Ford set aside and procure for her the share of said A. P. Ford’s estate to which she believes herself justly entitled.

“Now, therefore, in consideration of the services which have already been rendered and to be rendered in connection therewith, said Caroline F. Ford agrees to pay to said Earl Newmire the following sums and in the following manner, to wit:

“Said Caroline F. Ford agrees to immediately, or as soon as is deemed advisable by said Earl Newmire, to execute a mortgage of her interests in the house, lot and furniture in said house located at No. 1428 W. 30th Street, in the city of Los Angeles, county of Los Angeles, state of California, for the sum of not less than $1000, or if more to pay to said Earl Newmire the sum of $1000 the same way, reserving the balance for her own personal use, and to execute a promissory note for $500, payable in one year from date of executing the said first mortgage, which said note is to be secured by a second mortgage of her interests in said premises. And

[714]

the sum of $1,500 is understood to he in full for the services mentioned in the first undertaking on the part of said Earl Newmire, provided the said Caroline F. Ford retains the said Earl Newmire to undertake the setting aside of the last will and testament of A. P. Ford, her deceased husband, or in the cáse the mortgage upon said premises is not procurable within a month hereof, then to sell her said interests if possible in said house, lot and furniture for the sum of not less than $1,500 and to pay the sum of $1,500 to said Earl New-mire, which sum is to be in full for all services mentioned in the first undertaking above set forth, provided the said Caroline F. Ford retains the said Earl Newmire to undertake the setting aside of the last will and testament of A. P. Ford, her deceased husband.

Newmire v. Ford

AI Brief

Synopsis

ALLEN, P. J.

More from California Court of Appeal

Related research

AI Brief