Showers

Showers v. Zanone

Good Law
1906 Cal. App. LEXIS 339·7 Cal. Unrep. 263·85 P. 857
Supreme Court of CaliforniaApril 13, 1906California798 words

Opinion

lead Opinion

McLaughlin, J.

This is an action to recover one-fifth of the cost of a drainage ditch constructed by the plaintiffs. The complaint contains two counts. In the first a cause of action for money expended for the use and benefit of defendant at her request is stated. In the second it is alleged that the plaintiffs were duly authorized by defendant to make arrangements for and construct said ditch, she agreeing to pay her pro rata share of the expense. In this connection it is stated that she acted by and through an agent, who communicated her authorization and consent to plaintiffs, and that by her conduct preceding the commencement of the work, and dur *264 ing its progress, she led plaintiffs to believe that she acquiesced in the plan proposed to her, and that said agent had authority to speak and act for her in the premises. The court found for plaintiffs, and judgment was entered accordingly, The sole point urged on this appeal is that the findings are not supported by the evidence.

It is a cardinal rule of appellate practice that the findings will not be disturbed when the evidence is conflicting: Broder v. Conklin, 121 Cal. 284 , 53 Pac. 699 ; Rose v. Rose, 112 Cal. 343 , 44 Pac. 658 ;…

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