16 Cal. App. 2d 388 | Cal. Ct. App. | 1936
Plaintiff is a niece of William A. Edwards, deceased, and the administratrix of his estate. She pre
The decedent died June 5, 1933. He was a widower, and his next of kin were a brother, two nieces (one of whom is the plaintiff), and several nephews and grand-nephews. His estate consisted of $41,255.35 in bank deposits, a two-flat dwelling on Masonic Avenue in San Francisco of the appraised value of $5,000, and an automobile and household furniture of small value. He had been failing in health for some time as the result of heart trouble and lived alone in the upper flat of his property on Masonic Avenue. During the latter part of the year 1931 a tenant occupying the lower fiat wrote to plaintiff, who was then living in Los Angeles, stating that her uncle’s condition was growing gradually worse, and suggesting that she come to San Francisco and look after him. In January, 1932, plaintiff arrived at her uncle’s home, and she continued to live there up to the time of his death, during which period she performed the household duties, waited on her uncle, drove him about in his automobile, and transacted some of his business.
She averred in her claim and alleged in her complaint in substance that she took up her abode -with her. uncle and performed the services mentioned at his special instance and request, in consideration of which he promised orally to convey to her his home on Masonic Avenue, which he failed to do, and that consequently she was entitled to compensation equal in amount to the value of the property he promised to convey. (Estate of Towne, 143 Cal. 507 [77 Pac. 446].) In behalf of the estate it was claimed that plaintiff took up her residence with her uncle because she was destitute and much in need of a place to live, and with the understanding that she was to receive no compensation for her services other than being maintained and provided with a home.
The evidence adduced by the respective parties is sufficiently conflicting, in our opinion, to preclude any
On the other hand, the estate introduced evidence showing beyond much doubt that when plaintiff took up her abode with her uncle she was, as claimed by the estate, practically penniless and without a place to live. In this connection
As frequently stated, in determining the question of the sufficiency of the evidence the power of the reviewing court begins and ends with the inquiry of whether there is substantial evidence, contradicted or uncontradicted, which in and of itself will support the conclusion reached by the trial court. If on any material point the testimony is in conflict, it must be assumed that the conflict was resolved in favor of the prevailing party (Trowbridge v. Briggs, 140 Cal. App. 554 [35 Pac. (2d) 426]), and the case will be accepted as proved by the prevailing party, all evidence adduced by the losing party in conflict therewith being rejected. (Bank of Italy v. Cadenasso, 206 Cal. 428 [270 Pac. 931, 274 Pac. 536].) Or if the evidence is not conflicting but open to two inferences, one of which will support the trial court’s findings, the reviewing court is precluded by such finding even though from the same evidence it might have drawn the other inference. (Gallick v. Castiglione, 2 Cal. App. (2d) 716 [38 Pac. (2d) 858].) Even assuming, therefore, that in the present case the evidence would have supported a decision in favor of plaintiff, it is likewise legally sufficient to sustain a decision in favor of the defendant; and in that state of the record the judgment must be affirmed. It is so ordered.
Tyler, P. J., and Cashin, J., concurred.