Texaco, Inc. v. Robinson

BURKE, P. J. This is an action brought by plaintiff against the defendant as administratrix of the estate of William Robinson, deceased, for merchandise sold decedent, a claim having been presented to the estate and denied. The matter proceeded to trial before a court sitting without a jury and judgment was rendered in favor of the plaintiff in the [451]sum of $3,250 plus costs from which judgment defendant appeals.

The complaint alleged that the sum of $3,250 was owed to plaintiff by William Robinson for merchandise sold to Robinson and for rent of the service station at 3130 West Pico Boulevard, Los Angeles. In their joint pretrial statement the parties stipulated that at the date of his death Robinson was the owner and operator of a filling station business at the above address and for some time prior to his death had been buying merchandise and leasing the premises on a monthly rental basis from plaintiff. The sole issue to be determined at the trial was the amount owed to plaintiff by decedent.

At the trial plaintiff introduced evidence through one of its accountants that merchandise had been sold to a William Robinson at 551 West Jefferson Boulevard, Los Angeles, and at the address mentioned in the complaint. The amount of merchandise supplied Robinson at the address shown in the complaint aggregated $1,535. Plaintiff produced two exhibits showing the accounts of William Robinson; Exhibit 1 covering the station at 551 West Jefferson Boulevard, and Exhibit 2 covering a station operated by William Robinson at 3130 West Pico Boulevard. There was a notation on plaintiff’s Exhibit 1 to the effect that William Robinson of 551 West Jefferson Boulevard had moved to 3130 West Jefferson Boulevard. The witness testified that although he did not know William Robinson personally that the accounts referred to the same person and that when William Robinson moved his location from the West Jefferson Boulevard address to the West Pico address they transferred the balance due and owing from him from the former address to the new address.

At the conclusion of the trial plaintiff asked permission to amend its complaint to conform to proof and to insert the words “and 551 West Jefferson Boulevard” at designated places in the complaint so as to indicate that the amount owed was for merchandise furnished to the decedent at both addresses. This motion was granted and judgment for plaintiff was entered against defendant in the total sum of $3,250 with costs.