Taylor v. Kelly

Citations

• 103 Cal. 178
• 37 P. 216
• 1894 Cal. LEXIS 745

Syllabus

<p>Finding—Review op Evidence Upon Appeal.—A mere doubt aa to ■ whether a finding is justified by the evidence will not authorize the appellate court to set aside the finding.</p> <p>Id.—Constructive Trust—Statute op Frauds—Verbal Agreement por Joint Purchase op Lands.—Where one who has agreed in his own name, in writing, to purchase lands, has also made a verbal agreement with another that he should pay one-half of the purchase price on or before the expiration of the time allowed for the examination of the title, and should become equally interested in the purchase, if the latter does not advance one-half of the purchase money at the time agreed, and the former is compelled to pay the whole amount of the purchase money under the contract of purchase, the latter cannot, upon a subsequent tender of one-half the purchase money, enforce a constructive trust in one-half of the land purchased, as against a plea of the statute of frauds.</p> <p>Id.—Confidential Relation—Business Contract—Trust Not Arising Under Verbal Agreement..—Where there is no relation of trust or confidence between contracting parties other than that which is manifested in all business affairs, in which the honor or ability of the party is relied upon for performance, no trust arises under a verbal agreement in respect to the purchase of lands, if there is no fraud, undue influence, nor other wrongful act, nor any accident or mistake connected with the agreement.</p> <p>Evidence—Exclusion op Question—Materiality—Offer of Proof— Harmless Ruling.—Where a question is asked, the answer to which would apparently not be material, counsel should state the fact expected to be proven, and make an offer to prove it by the witness; and, in the absence of such statement showing the materiality of the question, the ruling will not be considered prejudicial upomappeal.</p> <p>Id.—Value of Property, When Material.—Evidence of the value of the property at the time of the purchase is not material or admissible in an