Coyle v. Coyle

SEAWELL, J.

David W. Coyle, the plaintiff and respondent, is the father of George H. Coyle, the defendant and appellant. Margaret C. Coyle is the wife of said George H. Coyle. The children of David W. Coyle are: Mrs. Florence Quinn, a married daughter by his first marriage, and two sons by his second marriage, George H., appellant herein, being the elder of the sons. Senior Coyle’s second wife was alive at the time this action was tried.

The grounds of the appeal will appear from the statement of the case as herein set forth.

David W. Coyle had resided in the city of Pasadena, California, for something like forty-two years and was free from indebtedness of any kind at the time he entered into the purchase of the real property which is the subject of this action. He had engaged in the poster advertising business for many years, but it would seem that he was permitting the best period of his earning ability to slip by without reckoning with the necessitudes of advancing age. His neglect for his future became the concern of his lifelong friend, George C. Montfort, who was truly his fidus Achates. Montfort was the owner of two certain parcels or lots of land situate in the city of Pasadena, the first of which is described as the S.

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of lot 5, in block L of the Pasqual tract, as per map, and which, for convenience, will be referred to as the South Mentor Avenue property, and the second parcel being all of lot 39 of Legge’s Lower tract, as per map, etc., which will hereafter be referred to as the South Fair O aloes Avenue property. Montfort persuaded David W. Coyle, as early as 1903, to enter into an oral agreement with him for the purchase of the South Fair Oakes property, and again in 1909 indimed him to enter into another oral agreement for the purchase of said South Mentor Avenue property. For the first parcel he agreed to pay $1200, and for the second parcel, $4,500. The above fixed sums are conceded to be fair valuations of said properties at the time said agreements were made. The understanding between Montfort and Coyle, senior, was that the latter was to have his own time in making installment payments on account of said purchases, paying such sums at such times as it was convenient for

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