Bailar

Bailar v. Yewell

Good Law
111 Cal. App. 472·1931 Cal. App. LEXIS 1185·295 P. 860
Court of Appeal of CaliforniaFebruary 2, 1931Docket No. 7740.California1,007 words

Opinion

lead Opinion

Sturtevant, J.

The plaintiff commenced an action against the defendants to impress a trust on a lot in Los Angeles County. The defendants A. E. Yewell and Alice K. Yewell answered. The defendant A. O’Connell did not an swer and her default was entered. The trial court made findings in favor of the plaintiff and from a judgment entered thereon the defendants have appealed. The defendants make several attacks on the findings, but all of those attacks are but different methods of presenting the contention that plaintiff’s money did not go into that portion of the land, called by the defendants the key lot. The record discloses that the plaintiff and the defendants had been friends for several decades. The plaintiff resided in the east. The defendant A. E. Yewell resides at Southgate in Los Angeles County and is engaged in the real estate business. In July, 1924, the plaintiff sent her draft in the sum of $900 to Mr. Yewell with directions to invest the same in real estate. Thereafter he made two. executory purchases. Under one contract he undertook the purchase of the south 115 feet of the lands described in the complaint, and in the other contract he undertook the purchase of what he calls the key…

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