246 P. 1041 | Cal. | 1926
Conversion. The plaintiff appeals from a judgment in favor of the defendant. On a former trial of this action judgment also in favor of the defendant was reversed on the ground that from the facts found the conclusions of law and the judgment were unsupported (Wixom v. Davis,
The defendant assumes to justify his right to retain the proceeds of the sale of said cotton on the theory that the plaintiff's chattel mortgage covered only such cotton as might thereafter be grown on the premises; that the cotton could not have been planted before the execution of said oral agreement and that said oral agreement superseded the lease and the plaintiff was thereby cut off. The plaintiff was not a party to the agreement between the defendant and his lessees and it was immaterial whether the cotton was planted before or after the said oral agreement, for the reason that it was stipulated in the agreed statement "that all the cotton in question in the case at bar was that cotton raised under and pursuant to the terms of the lease dated December 16, 1919." Such being the fact it is clear that the plaintiff's mortgage lien attached to the harvested crop sold by the defendant and that her interest in the same, under the circumstances here shown, could not be set at naught by any agreement between the defendant and his lessees to which she was not a party.
After the submission of the cause on the agreed statement of facts, the court, on January 3, 1923, entered a minute order that judgment "be ordered for the defendant." Before the entry of the judgment so ordered, the plaintiff, on *644 September 24, 1923, filed her notice of appeal. On December 17, 1923, the court settled a bill of exceptions to be used on said appeal. Three days thereafter the court signed and filed findings of fact and conclusions of law and a judgment in favor of the defendant. The court found, in addition to facts found in accordance with the agreed statement, that it was agreed between the defendant and his lessees that the oral agreement of March, 1920, subsequently reduced to writing, should supersede the said lease; that by said agreement title to the cotton crop had passed to the defendant; that no cotton had been planted prior to the oral agreement; that no interest in said cotton had become vested in the plaintiff by reason of her chattel mortgage, and that she was not entitled to the possession of the same or any part thereof. These findings are not supported by the stipulated and undisputed evidence, and no reasonable inferences may be drawn from that evidence which will support said findings.
The plaintiff insists that the court had no authority to make findings when the case was submitted on an agreed statement of facts, citing Gregory v. Gregory,
The judgment is therefore reversed. As the conclusions to be drawn from the undisputed facts require judgment to be entered for the plaintiff, the cause is remanded to the trial court with directions to enter judgment in favor of the plaintiff and against the defendant for the amount prayed for in the complaint (see Perkins v. Cowles,
Waste, C.J., Seawell, J., Curtis, J., Lennon, J., Lawlor, J., and Richards, J., concurred.