Cline v. Haines

HOYT, J. pro tem.* In this action John Cline and Mary Lou Cline are plaintiffs and respondents, Helen Haines is defendant and appellant, and Matthew Gerald Barradas was a defendant who has not appealed. On April 5, 1955, the Clines executed a deposit receipt contract with a real estate broker, Edward Koepke (since deceased), for the purchase of a parcel of land in Contra Costa County. (PI. Exh. 4.) The land was then owned by Helen Haines. Koepke represented that the Clines’ lot would be one of a six-lot subdivision; would front on Berta Lane; and that Berta Lane would be constructed for the sole use of the six-lot subdivision. On August 20, 1955, appellant Haines deeded the lot covered by the Clines’ deposit receipt to defendant Barradas. (Defts. Ex. 4.) In the deed Haines reserved a right of way on Berta Lane “as an appurtenance to the remaining lands of grantor.” This deed was recorded March 21, 1956. At this time Haines [562]was still the owner of two lots in the six-lot subdivision. She was also the owner of residential and business property adjoining this subdivision.

On August 12, 1957, defendant Barradas deeded this property to the Department of Veterans Affairs of the State of California. (Def. Exh. 4.) This deed was recorded August 20, 1957. On July 26, 1957, the Department of Veterans Affairs executed a contract of sale of the lot to the Clines. This contract of sale was also recorded August 20, 1957.

Respondents built a house on this lot and moved in on June of 1957. In September 1957, respondent observed that Berta Lane was being used as a roadway serving the property of appellant Haines adjacent to but outside of the six-lot subdivision. He checked the record title, complained to Haines and then brought this action. The trial court decided that the deeds from Haines to Barradas and from Barradas to the Department of Veterans Affairs should be reformed to limit the right of way to the use of the six lots and enjoined appellant Haines from using it for other lots. Haines has appealed from this judgment.

Appellant’s first point is that there is no evidence to support the finding that Koepke was Haines’ agent. On April 15, 1955, when the deposit receipt was signed by the Clines, appellant Haines was the owner of the property. Haines did not deed this property to Barradas until August 20, 1955, and the Haines-Barradas deed was not recorded until March 21, 1956. Of necessity Koepke in negotiating the sale of the property in April, 1955, was representing the owner and at that time the owner was the appellant Haines.