Berghauser v. Blanckenburg

Citations

• 86 Cal. 316
• 24 P. 1062
• 1890 Cal. LEXIS 1026

Syllabus

<p>Trustees —• Action for Money Received—Compensation under Will — Hotel Property — Tenancy in Common—Management of Divorced Wife’s Interest. —In an action by a divorced wife, against trustees appointed by the will of the divorced husband, to recover money which they had received as the proceeds of her one-third interest in certain hotel property, awarded to her by the decree of divorce, which it was agreed and decreed that the husband should be entitled to manage, but which was not subject to his testamentary disposition, nor disposed of by his will, it is no defense to such action that the trustees are entitled to keep the money as compensation for their services, as trustees under the will, in caring for the divorced wife’s interest in the property.</p> <p>Id. —Contract nor Services—Quantum Meruit—Findings —Appeal — Review oe Evidence. — In such action, where it appears, from the evidence, that the trustees thought they had a claim upon the wife’s interest in the property, for compensation as trustees under the will, for managing the entire property, but that they never pretended or acted under the belief that they had any agreement with her to be her agents for the management of her interest, and to receive any compensation directly from her therefor, or that they had any claim against her for services rendered at her request upon a quantum meruit, outside of their claim as trustees under the will, findings that there was no agreement of the wife to pay them, and that they had rendered no services for her, at her request or otherwise, will be sustained, and there can be no recovery against her for such services.</p>