Chamberlin v. Davis

STEPHENS, P. J. From the year 1926, one Harold H. Davis and one Judge B. Canfield owned adjoining ranches in the Los Olivos district of Santa Barbara County. They together with one Long owned the waters of Zaca Creek, Long owning one-half thereof, Canfield, one-third and Davis one-sixth. From time to time Canfield and Davis worked together harmoniously in relation to their water rights; Can-field usually assuming the burden of the planning and construction necessary and Davis always paying to Canfield one-third of any expense incurred.

For some time Canfield and Davis had discussed and planned the building of a dam across Zaca Creek. Davis told Canfield that he, Davis, would pay one-third of the cost of the dam.

On February 25, 1929, Canfield sold to appellant, Theodore Chamberlin, Jr., all of his interest in the ranch, including his water rights in Zaca Creek. As part of the consideration for the sale Canfield agreed with Chamberlin to pay the sum of $10,000 and no more, toward the cost of the construction of said dam, which sum of $10,000 was placed in escrow by the parties. By the terms of the escrow, if the dam cost less than $10,000, Canfield was to receive the difference. Chamberlin proceeded to have the dam built and when finished the cost amounted to $12,478.47.

[451]On April 10, 1929, Canfield notified Davis of the fact that he, Canfield, had put up $10,000 for the contemplated work and would look to Davis for his proportionate share of money actually expended, to which Davis answered without in any manner objecting to the portion fixed as his liability.

Canfield died April 19, 1929, and respondent, The First National Trust & Savings Bank of Santa Barbara, became executor of his estate and later trustee under his will.

After the death of Canfield, and before appellant had let the contract for the building of the dam, Davis went to the executor bank to see about paying his share. The cost was not then definitely known. Whereupon Davis, under date of May 22, 1929, gave the bank the following writing:

“Confirming our conversation relative to the dam being built by Mr. Chamberlin in connection with his portion of the ranch purchase from the last Robert B. Canfield, I beg to advise that, as owner of a portion of this ranch, I consider myself responsible for one-sixth (1/6) of the expenses of this dam, and agree to reimburse you, upon demand, as Executors of the above Estate, for the amount which you are advancing for me.”