Ensher
Ensher, Alexander & Barsoom, Inc. v. Ensher
Opinion
Opinion
Schottky, J.
This is an appeal by appellant from an adverse judgment in an action to declare respondent to be the resulting or constructive trustee of certain real property, commonly known as “Elkhorn Ranch,” for the sole use and benefit of appellant. The minute order and judgment entered after the completion of a 13-day trial indicated that appel lant’s claim was barred by laches. Appellant’s principal contentions on this appeal are that the trial court erred in failing to make findings on all material issues and, as a corollary, the findings made do not support the adjudication of laches. We believe there is merit to appellant’s contentions and therefore the case must be remanded in order that more complete findings be made.
That part of the evidence which is uncontradicted presented the following situation: Homer Ensher, deceased husband of respondent, was at all times subsequent to 1939 until his death in 1957 a shareholder and president of the board of directors of appellant corporation, and for most of that time was also the general manager. During this period of time all of the stock in the corporation was owned by Homer and several blood relatives. In February 1946 title to the land…