Shefronick v. Shefronick

SHINN, P. J. Defendants Williston H. Shefronick and Edythe A. Shefronick, husband and wife, appeal from a judgment against them in favor of Charles Shefronick in the amount of $4,664.78, interest and costs.

The facts established by the findings are the following. Charles, 69 years of age, is the father of Williston; he is an elderly man in poor health. Defendants promised Charles that [742]if he would make the down payment on a home in Downey, California, and join in the obligation to pay the balance owing on the property, including certain encumbrances, title would be taken in the name of Charles and Williston as joint tenants; defendants would make all monthly payments until the entire balance was paid; Charles would occupy the home with the defendants and defendants would furnish him board and keep for as long as he might live. Plaintiff paid under the agreement $4,664.78 which constituted his life’s savings and in all respects kept and performed his obligations under the agreement; title was conveyed to Charles and Williston as joint tenants but defendants have refused and continue to refuse to permit Charles to reside on the premises, and have failed and refused to furnish him with a home or any board or keep. Upon the refusal of defendants to keep their agreement, plaintiff demanded the return of the money contributed as aforesaid; the amount of defendants’ debt was ascertainable on the 8th day of February 1956 and defendants have refused and still refuse to return said amount or any part thereof to plaintiff. Judgment was entered in accordance with the findings.

The complaint sought a money judgment, or in the alternative, partition of the property. It was not served upon named defendants who hold encumbrances on the property. At the commencement of the trial it was stipulated that the court would try first the cause of action by which plaintiff sought a money judgment and if the same should be denied, the cause of action for partition would be tried later after all named defendants had been served with process. The trial proceeded pursuant to the stipulation.

The grounds of appeal are (1) there was no “competent” evidence to support the finding that defendants or either of them promised to furnish Charles with a home; (2) there was no evidence to support the finding that Edythe obligated herself to pay Charles any sum of money; (3) there was no evidence to support the finding that plaintiff was entitled to interest from February 8, 1956. None of these grounds of appeal is sustainable.