Jones

Jones v. Kauffmann

Good Law
1968 Cal. App. LEXIS 2154·264 Cal. App. 2d 857·71 Cal. Rptr. 10
Court of Appeal of CaliforniaAugust 12, 1968Civ. No. 23668California3,662 words

Opinion

Lead Opinion

Elkington, J.

—Cross-complainant Corina Jones (Gorina) sought in the court below to rescind and cancel a property settlement agreement entered into in 1961 with her then husband Samuel Kauffmann (Samuel) which had been merged in a Nevada divorce decree. From a judgment entered in favor of Samuel she appeals.

Her sole claim of error is that in material respects the trial court’s findings are not in accordance with the evidence. In such a ease the power of this court begins and ends with *859 the determination as to whether there is any substantial evidence, contradicted or uncontradicted, which will support the contested findings of fact. (Green Trees Enterprises, Inc. v. Palm Springs Alpine Estates, Inc., 66 Cal.2d 782, 784 [ 59 Cal.Rptr. 141 , 427 P.2d 805 ].) Accordingly, we state the facts in the light most favorable to the findings and judgment.

The parties were manned in 1945 and thereafter had five children. For several years after the marriage the family subsisted principally on trust fund income of Gorina while Samuel finished his education. In 1953 Samuel and Wayne Brown formed a partnership for the purpose of buying and developing land, and building and selling homes. The…

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