Baggesi v. Baggesi

VAN DYKE, J.

This is an appeal by the plaintiff and cross-defendant, Carmella Baggesi, from that part of a judgment decreeing that the defendant and the cross-complainant, Pete Baggesi, is the owner of an undivided one-half interest in certain real property in San Joaquin County. The action was begun by appellant who filed suit against respondent, her son, to recover what she alleged to be her share of the proceeds of sale of crops grown upon the land involved. Respondent answered, admitting in part and denying in part the alleged debt, and filed, in addition to his answer, a cross-complaint by which he sought the decree of the court declaring that he was the owner of an undivided one-half interest in the land, the legal and record title of which stood in the name of the appellant. The answer to the cross-complaint denied these allegations.

The trial court made findings of fact as follows: That on December .19, 1928, Cologero Baggesi and his wife, appellant here, purchased the land, consisting of 60 acres, taking title in joint tenancy; that the purchase price was approximately $17,000, a cash payment of $3,000 being made at the time of purchase and the balance remaining as a debt secured by a lien upon the land; that at that time the entire 60 acres, [830]except 15, were unimproved; that Gologero by reason of illness was unable to do the heavy work required in the normal operation of the property; that two years after the purchase Gologero and appellant, in order to induce their son Pete, then about 19 years of age, to remain on the land and work and improve the same as a farm, agreed with him that if he would do so, devoting his time and effort to the care, cultivation and development of the property, one-half of the property would be conveyed to him when the secured indebtedness had been paid; that Gologero died. January 6, 1937, and during the period intermediate between the making of the agreement and his death respondent had completely fulfilled his obligations under said agreement, having devoted his time and efforts to the care and development of the land, doing all the hard work thereon and receiving no pay or allowance of any kind therefor; that during that same period all of the proceeds of the crops produced were retained by respondent’s parents and no part given to him; that just before his death Gologero executed a gift deed of his interest in the premises to appellant Carmella; that shortly after the death of Gologero respondent talked with appellant concerning the existing agreement, whereupon she ratified and reaffirmed the same, assured respondent the agreement was still in force and that she would perform the same in that if he fulfilled the balance of his part of the agreement the agreed compensation would be his; that respondent continued in the performance of his contract and up to January 1, 1941, received no pay or allowance from appellant for income produced from the property, the whole having been received by appellant; that appellant and respondent during 1941 made a further agreement whereunder respondent would continue as he had done in the past to operate the property and that 30% of the gross proceeds therefrom ■ would be given to appellant; that the balance would be used by respondent to pay the cost of operation, except that from her share appellant would pay state and county taxes and installments of interest and principal upon the secured indebtedness; that this agreement was subordinate to the general agreement before referred to; that pursuant to both agreements respondent continued in possession of the premises up to and including the year 1945, performing his obligations fully; that during the years 1941 to and including 1944, inclusive, appellant received $16,027.66 as her agreed share of the proceeds under the subordinate agreement and that there was a further sum due