Steele

Bank of America National Trust & Savings Ass'n v. Steele

Good Law
10 Cal. Rptr. 205·188 Cal. App. 2d 62·1961 Cal. App. LEXIS 2392
Court of Appeal of CaliforniaJanuary 6, 1961Civ. No. 6352California1,677 words

Opinion

Lead Opinion

Shepard, J.

Bank of America National Trust and Savings Association, a national banking association, executor of the estate of Joseph S. Thurston, deceased (hereinafter called “Bank”), and Old Homestead, a corporation (hereinafter *64 called “Homestead”), brought this action against Van A. Steele (hereinafter called “Steele”), for reformation, termination of agreement, and declaratory relief regarding a real estate brokerage contract between Joseph S. Thurston, Bank’s deceased (hereinafter called “Thurston”), and Steele, covering sales of certain land in Laguna Beach. Steele cross-complained, likewise for declaratory relief, and for money judgment. Judgment was rendered for Steele, against Bank and Homestead, on both the complaint and the cross-complaint, in substance holding the brokerage contract valid and awarding Steele $3,000 earned brokerage. Bank and Homestead appeal.

Appellants base their appeal on the sole ground that the evidence is insufficient to support the findings of fact, conclusions of law, and judgment. Since this is the only ground of appeal, it is well to keep firmly in mind the oft-repeated and long-established rule regarding the position of the appellate court on such a…

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