Sadugor

Marvin G. Sadugor brought suit against Theodore Holstein, Blanche Holstein and Adele G. Cailleaud to establish a trust in a one-half interest in certain real property. The Holsteins filed an answer denying the material allegations of the complaint and also filed a cross-complaint to quiet title to said real property. The action was dismissed as to the defendant Adele G. Cailleaud, and following a trial judgment was entered in favor of plaintiff Sadugor. The Holsteins have appealed from said judgment.

Appellants' principal attack is upon the sufficiency of the evidence to support the judgment. Disregarding all conflicts in the evidence and indulging in all reasonable inferences to support the judgment, we shall summarize the evidence as shown by the record and found by the trial court.

In August 1958 Dr. Sadugor and Dr. Holstein entered into an oral agreement to purchase certain real property located in Sacramento County. The two men made an offer to purchase the property for $165,000. The offer was rejected and a second offer was made for $170,000. This offer was accepted by the seller.

While the offer was pending Dr. Holstein obtained a loan commitment for $100,000 from Adele…