Coomber v. Jewett

BARNARD, P. J. This action involves the possession and ownership of four buildings located on the Fullerton Municipal Airport, which are personal property.

[155]In November, 1939, Mrs. Blazier obtained a bill of sale to two of these buildings from one James. James’ connection with the buildings in no way appears, and there is no evidence that he had any interest or title which he could convey. At that time Colboch was in possession of the buildings and operating the property under a lease from the city. Shortly thereafter, two other buildings were built by Colboch, apparently with the help of funds furnished by Mrs. Blazier. On April 19, 1940, Colboch gave a bill of sale to one building on this airport to Mrs. Blazier. She made no attempt to take possession of the buildings and Colboch continued in possession, operating under his lease. In July, 1942, Colboch gave another bill of sale covering two buildings to Mrs. Blazier. She recorded her three bills of sale on August 17, 1942.

On December 9, 1943, Colboch gave a bill of sale to all four buildings to the Jewetts, which was recorded on December 16, 1943. At that time, these parties agreed that they would later enter into a profit-sharing agreement for the operation of a business from these buildings. The Jewetts took possession of the property, paying substantial amounts, including back rent owed by Colboch. Colboch’s lease was cancelled and the Jewetts obtained a new lease from the city and thereafter operated the property, employing Colboch on a salary as manager. About a year later, the Jewetts learned that a bill of sale had in the past been given to Mrs. Blazier. They asked Colboch about this and he assured them that while he had at one time given a bill of sale to Mrs. Blazier he had obtained a bill of sale back from her, which he had in his possession.

On October 13, 1945, the Jewetts and Colboch signed a written agreement, terminating their relationship, stating that it was a complete settlement between them, and that Colboch released and transferred all of his interest in the business and buildings to the Jewetts. The contemplated partnership agreement between them had never been executed. Colboch testified that he told the Jewetts in December, 1943, that he would give them clear title to these buildings and that he did not tell them until after their settlement on October 13, 1945, that he could not get a bill of sale back from Mrs. Blazier until he settled with her.

On December 19, 1945, Coomber obtained a lease for these buildings from Mrs. Blazier. He then brought this action in claim and delivery for possession of the buildings. The Jewetts answered and filed a cross-complaint seeking to quiet