Hensley

Hensley v. McSweeney

Good Law

109 Cal. Rptr. 2d 489·2001 Cal. App. LEXIS 561·2001 Daily Journal DAR 7581·90 Cal. App. 4th 1081·2001 Cal. Daily Op. Serv. 6203

Court of Appeal of CaliforniaJuly 23, 2001F029415California1,824 words

Opinion

Cornell, J.

Douglas F. Hensley (Hensley) obtained a judgment in the amount of $130,000 against Patricia E. McSweeney, doing business as Wyndfair Properties (McSweeney). On appeal, Hensley contends: (1) the trial court incorrectly constraed the special verdicts and the correct amount of the judgment should be $185,000; and (2) he is entitled to additional prejudgment interest. In her cross-appeal, McSweeney asserts the judgment should be reversed on the basis of instructional error, ambiguous special verdicts, and misconduct by Hensley’s trial attorney. We conclude that instructional error warrants reversal of the judgment.

Procedural and Factual Summary

On November 1, 1994, Hensley and Epifanio and Josefa Vargas (collectively Vargas) entered into a real estate purchase contract and receipt for deposit in which Vargas agreed to sell to Hensley real property located on North McCullough Road in Merced County. The standard form contract did not list any broker or agent as representing either party to the contract.

An addendum to the contract specified, inter alia, that Hensley was to bring current various obligations owed by Vargas and secured by the real property. Pursuant to the…

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