Underhill v. Hoag

McCOMB, J. From a judgment in favor of defendant after trial before the court without a jury in an action to establish a joint venture and to recover the reasonable value of labor and material furnished defendant Hoag by plaintiff, plaintiff appeals.

Facts

On November 26, 1945, defendant purchased a lot in Los Angeles County for the sum of $2,500 in cash. On January 6, 1946, plaintiff and defendant entered into a written contract by the terms of which plaintiff agreed to build a dwelling house on defendant’s lot for the contract price of $13,342. In January, 1946, defendant obtained a loan from the Southern [187]Federal Savings and Loan Association in the sum of $9,000. The building was not completed when defendant moved into it on January 2, 1947. The work had been commenced upon it March 26, 1946.

Questions

First: Was there substantial evidence to sustain the following findings of the trial courtP

(A) That it was untrue that during the month of December, 1945, as alleged by plaintiff, he and defendant made an agreement of joint venture in the ownership and improvement of the real property described in the complaint.

This finding is supported by the direct testimony of defendant in which she denied ever having entered into any joint venture agreement with plaintiff.

(B) That plaintiff and defendant entered into a written contract whereby plaintiff agreed to construct a residence for defendant for a total consideration of $13,342, and that plaintiff failed to complete the contract.

This finding was supported by: (1) the written contract which was received in evidence executed by both parties, and testimony that at the time the copy was delivered to defendant she received also a copy of the plans and specifications for the building; and (2) direct testimony of defendant that when she moved into the house it was not completed, and as to the amount of money expended by her to complete the house. In addition there was received in evidence the receipted bills for moneys which defendant had expended for the completion of the work.

(C) That it is not true that at the special instance and request of defendant and her promise to pay therefor, plaintiff made improvements upon the real property owned by defendant to the reasonable value of $20,259.90, and that all the work, labor, services performed and materials furnished by plaintiff were furnished in pursuance of a written contract so to do for the total amount of $13,342.