Merrill v. Gordon & Harrison

California Supreme Court Aug 16, 1929 No. Docket No. L.A. 10020.Published

Before: Curtis

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Holding. The court held that the trial court's finding regarding the identity of the land subject to the contract was supported by substantial evidence and that the plaintiff had no interest in the proceeds from oil and gas produced on the property.

Issues

Whether the evidence was sufficient to support the trial court's finding regarding the identity of the real property described in the contract.
Whether the trial court was required to make findings on the pleas of laches and the statute of limitations after determining the plaintiff had no interest in the property.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is apparent there was a sharp conflict in the evidence as to the property which the parties intended to describe in said contract.”

“The trial court having accepted the evidence in behalf of respondents and found in their favor upon that issue, its determination thereof is not subject to review by this court.”

“The court having determined that the appellant never had any interest in the proceeds from the oil and gas taken from the real property in question, the pleas of the respondents setting up laches on the part of the appellant and the statute of limitations, became immaterial issues”

CURTIS, J.

This action is for an accounting and for one-fourth of the net profits and income derived from the operation and development of certain real property and sale and distribution of oil and gas produced therefrom, and for specific performance of a contract to convey to plaintiff a one-fourth interest in said real property. Said action is predicated upon the following contract executed by the parties hereto:

“Oct. 7, 1921.

“Contract.

“Witnesseth:—That, for a valuable consideration receipt of which is hereby acknowledged, Gordon & Harrison, hereinafter designated as parties of the first part, doing business at 155 East Jefferson Street, Los Angeles, Cal., enter into the following contract with J. A. Merrill, hereinafter designated as party of the second part, to-wit:

“That the party of the first part agrees to compensate the party of the second part for the location of a certain piece of gravel land which the party of the first part purchased from Abel Moynier and Wife, to-wit:

“That as compensation, as above mentioned, party of the second part is to receive twenty-five per cent (25%) of the

[3]

capitalized stock for which said party of the second is to pay for out of the net profits of the concern in a period of two years.

“That when party of the second pays party of the first one-fourth of the purchase price of the land and equipment the rate of 7% interest on deferred payments, he will then become one-fourth owner of said land and is to derive one-fourth profits from said land from any material produced therefrom per right as owner of 25% of capital stock.

“Witness to which we hereby set our hand and our seal this seventh day of October nineteen hundred twenty and one, A. D.

"Gordon & Harrison

“By Geo. W. Harrison

“Party of the first part.

“J. A. Merrill

Merrill v. Gordon & Harrison

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CURTIS, J.

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