Gibson

Phoenix v. Gibson

Good Law
1921 Cal. App. LEXIS 641·51 Cal. App. 148·196 P. 95
Court of Appeal of CaliforniaJanuary 24, 1921Civ. No. 3683.California1,080 words

Opinion

Lead Opinion

Richards, J.

This is an appeal from a judgment in favor of the defendant upon her cross-complaint in an action to quiet title to certain real estate. The action was one originally begun by one Hilario or “Joe” Lopez, who died during its pendency, and the present plaintiff, as the administratrix of his estate, was substituted in his place. Lopez was during his lifetime the owner of the property in question, but it is averred by the defendant in her cross-complaint that an agreement had been entered into between said Lopez and one William Gibson, of whose estate she is administratrix, that said William Gibson would improve and rebuild a dwelling-house upon said premises, and that after the same had been completed the property should be sold, and from the proceeds of such sale said William Gibson should be reimbursed for the moneys expended by him in making said improvements, and that said Gibson had performed his part of said agreement at an expenditure of the sum of twelve hundred dollars, no part of which had been paid. The plaintiff denied these allegations, and upon the issues thus raised the cause went to trial, at the conclusion of which the trial court made its findings in favor of the…

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