Marco Zaninovich, Inc. v. Rydell California Potato Co.

The defendants, Rydell California Potato Company, a corporation, and Paul Rydell and Jeanne E. Rydell, the owners of all of the stock, and the directive heads, of the corporation, appeal from a judgment correcting an error in the deed by which the Marko Zaninovioh interests secured title to certain real property in Tulare County. The principal ground of the appeal is the claim that the trial court erred in giving a species of relief which was somewhat different in detail from that asked for in the complaint; during the trial the court discovered that the individual defendants had title to a reversionary interest in a portion of the land, which should have been transferred to the plaintiff as provided in the contract between plaintiff and the individual defendants; in ordering judgment that the individual defendants should now convey, the trial court permitted an amendment of the complaint to conform with proof and, therefore, to justify the requirement that the individual defendants should observe the terms of the contract which was made by them. The judgment for the plaintiff was succeeded by a motion for a new trial by the defendants, which was denied.

With respect to certain…