Willson

Willson v. Municipal Bond Co.

Good Law
1936 Cal. LEXIS 607·7 Cal. 2d 144·59 P.2d 974
Supreme Court of CaliforniaJuly 30, 1936L. A. 15338California3,416 words

Opinion

Opinion

Defendants Municipal Bond Company, H. H. Cotton and M. D. Fox separately appeal from a judgment in favor of plaintiff, rendered in an action brought by plaintiff against them and others, and predicated upon the alleged fraud of defendants. Although numerous briefs have been filed by counsel representing the parties to this controversy, and although many points are exhaustively discussed therein, basically the appeals present nothing more than a question of fact, viz., Is the implied finding of the jury that appellants are guilty of fraud practiced upon respondent supported by the evidence? It seems almost unnecessary to state the elementary principle that in determining this question all conflicts must be resolved in favor of respondent. Keeping this rule in mind, we are impelled to hold that the implied finding in question receives ample support in the record and that the judgment must, therefore, be affirmed as to all three appellants.

The record supports the following statement of facts: Respondent Willson owned a piece of improved real property in Beverly Hills of the reasonable value of over $200,000. There were two trust deeds, one for $100,000 and one for $16,000, standing…

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