Fewell v. Shamgochian

ADAMS, P. J. After trial of the above entitled action by

the court sitting without a jury, the court found “that M. Shamgoehian and H. Shamgochian sold to I. W. Fewell a certain crop of grapes for the sum of $350.00, which sum was paid by the purchaser; that said crop was harvested by I. W. Fewell and was delivered to K. Arakelian, Inc., for an agreed price in the sum of $1,178.56. K. Arakelian, Inc., refused to make payment to I. W. Fewell because of a claimed interest by the Shamgochians. I. W. Fewell demanded of the Shamgochians that the said sum of $1,178.56 be released to him, but such release was refused. That in an effort to collect the money properly due him, I. W. Fewell made two trips to Madera from his home at Livingston, California, was obliged to commence an action in the Superior Court in and for the County of Stanislaus, State of California, for the recovery of said money, and thereby incurred attorney’s fees and court costs and said sum.of $1,178.56 was withheld from him to his further damage. The Court finds that the total damage suffered by said I. W.. Fewell by reason of the unlawful actions of the Shamgochians is the sum of $100.00.”

Judgment was entered accordingly and defendants have appealed, the sole question presented being the sufficiency of the evidence to sustain the finding that K. Arakelian, Inc., refused to make payment to plaintiff because of a claimed interest by the Shamgochians, it being argued that there is no evidence to sustain the finding, and, therefore, no justification for the award to plaintiff of damages because of acts of defendants.

The evidence in the case establishes that H. Shamgoehian, the son of M. Shamgochian, owned a crop of grapes; that as he was about to be inducted into the military service he sought to sell said grapes on the vine to plaintiff Fewell; that plaintiff, after some negotiations with both defendants, finally agreed to buy said grapes for $350; that the younger [497]Shamgoehian in his father’s presence instructed plaintiff to deal with his father and that plaintiff paid to the father, M. Shamgochian, the sum of $350 and received from him a receipt “in full payment of Tokay grapes on vines.” H. Shamgochian had, in the meantime, secured the K. Arakelian, Inc., winery to take the grapes when harvested, at an agreed price per ton; and on harvesting them plaintiff delivered them to Arakelian, stating that he had bought them and was delivering them under the contract, and presenting the receipt executed by M. Shamgochian as evidence of his ownership. The evidence also shows that while plaintiff was still harvesting the crop M. Shamgochian called upon plaintiff and made a demand for more money, which plaintiff declined to pay, and that after plaintiff had delivered the grapes to Arakelian the latter refused to make payment to plaintiff without a release from Shamgochian, which release the latter refused to give. Plaintiff thereupon filed suit against Arakelian for the purchase price of the grapes, and also commenced a suit against M. Shamgochian for damages, including the purchase price of the grapes.