Mariani v. Steele

California Court of Appeal Aug 3, 1953 No. Civ. No. 19687Published

Before: Drapeau

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Holding. The court affirmed the judgment for the defendant, holding that the trial court's findings were supported by substantial evidence and that an appellate court cannot substitute its own inferences for those of the trial court when multiple reasonable inferences exist.

Issues

Whether the trial court's findings regarding damages, failure of consideration, and mutual mistake were supported by the evidence.
Whether the appellate court may substitute its own deductions for those of the trial court when multiple inferences can be reasonably deduced from the facts.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is the traditional rule in this state that when two or more inferences can be reasonably deduced from the facts, a reviewing court is without power to substitute its deductions for those of the trial court.”

“The findings find substantial support in the evidence, and the judgment is affirmed.”

DRAPEAU, J. Plaintiff, Ralph Mariani, purchased two city lots from defendant, Nona H. Steele, for $2,500. They did not put the deal through escrow ánd have the title searched and insured. Plaintiff paid the money and took delivery of the deed.

Mrs. Steele testified:

“A. Mr. Mariani told me he made a loan on those there lots without going into escrow and that paved the way to save that expense. He didn’t want to pay it and he had just Jewed me down to $2,500.

[479]“Q. Did you tell him not to go into escrow at any timet

“A. No, he said he didn’t want to.”

Mr. Mariani testified that he figured out himself the property must be clear “and went through with the deal.”

But, like the girl who counted her chickens before they were hatched, Mr. Mariani’s figuring wasn’t so good. For a few days after the deed was delivered he received a title report, with the information that there was a judgment lien upon the property.

The judgment had been rendered when the title was in a Mrs. Starr. Thereafter Mrs. Starr conveyed to Mrs. Steele, to avoid foreclosure of a trust deed securing a loan from Mrs. Steele to Mrs. Starr.

The judgment was not only against Mrs. Starr, but against Mr. Mariani as well. Mr. Mariani admitted that he knew about the judgment. The execution had been levied against his interest in the property and Mrs. Starr’s. The execution and the marshal’s certificate of sale thereunder had been recorded in the office of the county recorder before Mrs. Steele conveyed to Mr. Mariani.

Eventually Mr. Mariani was evicted from the premises by the record owner under the execution sale.

Then Mr. Mariani sued Mrs. Steele for the purchase price of the lots.

It is unnecessary to discuss the rights of the other party defendant named in the amended complaint, Alfred Keizer. His only connection with the case is that he owned for a time other property in which Mrs. Steele had a beneficial interest.

Issues were tried without a jury, findings and judgment were for defendants, from which judgment plaintiff appeals.

Mariani v. Steele

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