Buhman v. Becker

Citations

• 5 Cal. Unrep. 172
• 42 P. 28
• 1895 Cal. LEXIS 1167

Syllabus

<p>Assumpsit for Services Bendered—Sufficiency of Evidence.—Tn assumpsit for the value of services in permanent improvements of a vineyard, defendant admitted the improvements, but claimed that they were made by plaintiff as lessee. There was evidence that defendant persuaded plaintiff, his son in law, to take the vineyard instead of leasing other land, saying that he did not know whether any profit could he made out of it or not, but that plaintiff would lose nothing by it; that he told plaintiff and others that he intended to give the vineyard to his daughter, and advised plaintiff to make improvements; that, until the death of his wife, plaintiff worked part of the time for defendant, hut most of the time in improving the vineyard, paying out above receipts $2,900; that, after the death of the wife, defendant demanded $1,000 for rent, and that plaintiff leave the premises with all the improvements. Held, that plaintiff should recover for his services and the improvements. ,</p>