Beckman v. Wilson

Citations

• 61 Cal. 335
• 1882 Cal. LEXIS 609

Syllabus

<p>Powers or Agent of Mortgagee in Possession—Expenditures for Repairs.—W. was in possession of land under a deed from S. absolute on its face, but intended as a mortgage to secure a debt of two thousand dollars; and “made plaintiff her agent, for the purpose of collecting rents, paying taxes and insurance, and interest on a mortgage in favor of one Anderson prior to hers, and requested plaintiff to take care of said property as if it was his own, and at the same time instructed him to incur no expense that could be avoided on said property, and stated that she did not wish to expend any money thereon, but wished the proceeds of the rents thereof to be applied to the payment of her loan.’’ After-wards, a portion of the premises having been destroyed by fire, the plaintiff rebuilt the same at an expense of four thousand five hundred and ninety-two dollars, using therefor about one thousand two hundred dollars, or one thousand three hundred dollars, of M.’s money in liis hands, and for the balance his own money. The action was brought to recover this balance as money expended to the use of M. It was found by the Court that the property was rebuilt without the knowledge of M. under an agreement with S. that plaintiff should pay off M.’s claim, purchase the prior mortgage, and rebuild the premises; and that S. should repay him his advances with interest.</p> <p>Held: The plaintiff had ho authority to rebuild the improvements destroyed by fire, or to make other permanent improvements, but only to make such repairs as were necessary to preserve and protect the property from ordinary wear and tear.</p>