Blackwell v. Blackwell

DORAN, J. Plaintiff appeals from the judgment in an action in equity.

The action is based on an alleged agreement between appellant and respondent which arose, as recited in appellant’s brief, from the following circumstances:

“This action was instituted by the plaintiff and appellant under a suit in equity to establish an undivided one-half interest in certain real property belonging to the defendant and respondent, located at 522 Kelso Street, Inglewood, California. The premises consisted of about one-half acre of land and a double three-room apartment building in the front of the property and a small dwelling and garage located in the rear of said premises.

“The action was filed on March 2, 1946, and at the time of the commencement of the action the Security First National Bank of Los Angeles, a corporation, was acting as the guardian of of the estate of the respondent, Amalia M. Blackwell, who prior to said time and on or about February 13,1945, was adjudged to be an incompetent person. That said bank appeared at the time of the trial of the action in conjunction with counsel representing said incompetent and her other co-defendant, John Paul Artel, a son of a former marriage, of about 35 years of age.

“The appellant and respondent first met on or about the 10th day of August, 1938 in Los Angeles City. For some years prior to their meeting Amalia M. Blackwell was a widow and lived in said premises which consisted of a six-room bungalow.

“The appellant was a carpenter and contractor by trade and working for the Department of Water and Power of Los Angeles City, and had been so employed by said City Department for about twenty yeárs prior to the 10th day of August, 1938. It was the desire of the respondent, Amalia M. Blackwell, that said property be reconverted and reconstructed into a double apartment building in order that she have an income therefrom, and the appellant herein commenced on or about the month of November, 1938, to do work on said property to reconvert and reconstruct the same into a three-room double apartment building.

“Appellant devoted all his spare time, including Saturdays and Sundays and holidays, commencing the latter part of November, 1938, and up to June of 1941, to reconstructing and reconverting the said building.

“The building was completed by the appellant and the work and services were accepted by the respondent, Amalia [405]