Baldie v. Bank of America National Trust & Savings Ass'n

DOOLING, J. Two eases involving the same plaintiff but with different defendants were by stipulation consolidated for trial. From judgments adverse to her in both cases plaintiff appeals. The two cases have no facts in common and we must consider them separately.

The Pacheco Case

Plaintiff sued Pacheco to recover certain Chinese rugs and furniture alleged to have been delivered to Pacheco for carpentry work to be done by him and alleging failure of performance by Pacheco. Pacheco answered and cross-complained for the value of services rendered and materials furnished to plaintiff. The court found that Pacheco had done carpentry work and furnished materials to plaintiff of the reasonable [71]value of $1,183.50; that plaintiff had paid Pacheco $100 in cash and delivered to him furniture and rugs of the reasonable value of $536. The court allowed plaintiff a credit for the sum of these items and gave Pacheco judgment for the balance of $547.50. As to a Chinese rug valued at $1,000 the court found that this was a gift by plaintiff to Pacheco’s, wife.

Plaintiff does not point out wherein any of these findings are not supported by the evidence and respondent points to evidence supporting each finding. A discussion of the evidence seems therefore unnecessary. This judgment must be affirmed.

The Bullock Case

Plaintiff sued Bullock, an attorney-at-law, to recover certain Chinese furnishings or their value. During his lifetime Mr. Bullock filed an answer and cross-complaint in which he asked that his title to the Chinese furnishings be quieted. He alleged in his cross-complaint that he had received this furniture as payment of the indebtedness to him for legal services performed by him for plaintiff. Mr. Bullock thereafter died and the action was continued against his executors.

On the trial plaintiff produced the following document in the handwriting of Bullock (the name Mrs. Fredericks appearing therein admittedly refers to the plaintiff Baldie) :

“May 11th, 1944

“Rec’d from Mrs. Fredericks five hundred (500) Dollars on a/c of fee for services to be rendered in the Estate of Graham, deceased, balance in full $500 to be paid very shortly on or about one week hence.

“Joseph J. Bullock.”