Thompson

The issues on this appeal concern the sufficiency of the pleadings, the findings, and the evidence to support a judgment awarding damages to the plaintiff, the respondent herein, in an action which seems to be founded upon a charge of conspiracy by the defendants, the appellants herein, to convert to their own use personal property belonging to the plaintiff.

The nature and extent of the controversy between the parties is more readily ascertainable from a consideration of the evidence in the case rather than of the pleadings or the findings. The plaintiff, an elderly man, was the owner of a 1949 DeSoto automobile, which he valued at $1000, a house trailer and cabana, which he valued at $2000 and woodworking equipment, which he valued at $10,000; was placed in a hospital as the result of a heart attack; on May 20, 1959, was removed from the hospital to a rest home operated by the defendant Richardson; subsequently caused the aforesaid personal property, which then was stored in a warehouse, to be moved to the Richardson premises; and now claims that it was sold or otherwise disposed of without his consent.

The defendant McBess testified that the plaintiff wanted someone to take…