Richter v. Walker, 226 P.2d 593 (Cal. 1951). · Go Syfert
Richter v. Walker, 226 P.2d 593 (Cal. 1951). Cases Citing This Book View Copy Cite
274 citation events (7 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1951 → 2026 · click a year to view as-of
1951 1988 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Fjeld CA2/5
Cal. Ct. App. · 2026 · confidence medium
Where, as here, a trial court’s finding is ambiguous, that “ambiguit[y] must be resolved in favor of upholding the action of the trial court if such can be reasonably done.” (Daly City v. Smith (1952) 110 Cal.App.2d 524, 531 ; Richter v. Walker (1951) 36 Cal.2d 634, 639 [“Any uncertainty in the findings will be construed so as to support the judgment rather than to defeat it”]; People v. Megladdery (1940) 40 Cal.App.2d 748, 772 [“we must give the order, if possible, that construction that will uphold the trial court rather than indulging in another interpretation, even though equal…
discussed Cited as authority (rule) James v. Leavitt Group Agency of San Diego CA4/1 (2×) also: Cited "see"
Cal. Ct. App. · 2022 · confidence medium
Any uncertainty in the findings will be construed so as to support the judgment rather than to defeat it.’ [Citation.] Even where findings are to some extent inconsistent a judgment may not be set aside unless the conflict is clear and material and the findings are incapable 50 of being harmoniously construed.” (Richter v. Walker (1951) 36 Cal.2d 634, 639 (Richter).) Although the word “manipulation” in the quoted sentence from the trial court’s decision arguably connotes acts committed with a particular goal or purpose, it is apparent from the decision as a whole the court did not fi…
cited Cited as authority (rule) Peery v. Superior Court
Cal. · 1981 · confidence medium
(See Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ], and cases cited.) We perceive no reason for courts to ignore that principle when considering section *846 409.1 motions.
discussed Cited as authority (rule) California School Employees Ass'n v. King City Union Elementary School District (2×)
Cal. Ct. App. · 1981 · confidence medium
It may be an “aye” or “nay” response to a roll call, or it may be any “expression of wish, or choice, or preference,” without regard to “tfoe method through which that result was accomplished.” (Bourland v. Hildreth (1864) 26 Cal. 161, 195 ; and see 44A Words and Phrases (1962) p. 4, “the formal expression of a will, preference, wish, or choice in regard to any measure proposed, ... ”) “And the aggregate of the expressions of will or choice, thus manifested by individuals, is called the ‘vote of the body.’” (Black’s Law Dict. (4th ed. 1951) p. 1748, col. 1.) Altho…
discussed Cited as authority (rule) Morris v. Thogmartin
Cal. Ct. App. · 1973 · confidence medium
(Leming v. Oilfields Trucking Co. (1955) 44 Cal.2d 343, 346 [ 282 P.2d 23 , 51 A.L.R.2d 107 ]; Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) Appellants owned and operated a small combination liquor-grocery store near Porterville, California.
discussed Cited as authority (rule) D-K Investment Corp. v. Sutter
Cal. Ct. App. · 1971 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) A finding the buyer seeking specific performance of a contract has the ability to purchase is supported by proof “he commanded resources upon which he could obtain the requisite credit.” (Merzoian v. Kludjian, 183 Cal. 422, 430 [ 191 P. 673 ]; see also Am-Cal Investment Co. v. Sharlyn Estates, Inc., 255 Cal.App.2d 526, 546 [ 63 Cal.Rptr. 518 ].) The evidence shows plaintiffs were the owners of property contiguous to and in the immediate vicinity of the property in question.
cited Cited as authority (rule) Indemnity Insurance of North America v. Pacific Clay Products Co.
Cal. Ct. App. · 1970 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 639-640 [ 226 P.2d 593 ].)
discussed Cited as authority (rule) Davis v. Kahn
Cal. Ct. App. · 1970 · confidence medium
(Blank v. Coffin, 20 Cal.2d 457, 461 [ 126 P.2d 868 ]; Church of Merciful Saviour v. Volunteers of America, 184 Cal.App.2d 851, 856-857 [ 8 Cal.Rptr. 48 ].) When the sufficiency of the evidence to sustain a finding of fact is contested on appeal, the issue thus presented is whether there is any substantial evidence, direct or indirect, contradicted or uncontradicted, which will support the finding (Primm v. Primm, 46 Cal.2d 690, 693 [ 299 P.2d 231 ]; Richter, v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]); it will be assumed that the trial judge resolved every factual conflict in favor of the…
discussed Cited as authority (rule) Runyan v. Pacific Air Industries, Inc.
Cal. · 1970 · confidence medium
In our view, from the above express findings, it can reasonably be implied that the court found that any benefits conferred upon plaintiff by Pacific had been compensated for by its above-mentioned arbitrary charges. 5 This implied finding is confirmed by the court’s remarks on hearing Pacific’s motion for a new trial. 6 As stated in Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ]: “[W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an *310 express finding upon an issue if a finding thereon, con…
discussed Cited as authority (rule) St. Julian v. Financial Indemnity Co.
Cal. Ct. App. · 1969 · confidence medium
As stated in Richter v. Walker, 36 Cal.2d 634, 639-640 [ 226 P.2d 593 ] : “As to the principles governing appellate courts in considering the adequacy of findings to dispose of issues and support a judgment it is a general rule that ‘Even though a finding might have been more clearly phrased, it is sufficient if its language is clear enough to indicate what the court intended; and if there are findings sufficient to support the judgment, they are not vitiated by the unintelligibility of others.
cited Cited as authority (rule) Stevens v. National Broadcasting Co.
Cal. Ct. App. · 1969 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 639 [ 226 P.2d 593 ].) Plaintiff’s final point is that it was error to deny an injunction and award any damages.
discussed Cited as authority (rule) McCurter v. Norton Co.
Cal. Ct. App. · 1968 · confidence medium
Co. (1935) 3 Cal.2d 427, 429 [ 45 P.2d 183 ].) The rule quoted is as applicable in reviewing the findings of a judge, as it is when considering a jury’s verdict. ’ See, also, Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].” (Massow v. Gianaclis, 120 Cal.App.2d 24, 27-28 [ 260 P.2d 655 ] ; 3 Witkin, Cal. Procedure, Appeal § 84, p. 2245.) While the appellant’s pleadings were founded on negligence and implied warranty, the thrust of his brief on appeal is on strict liability.
discussed Cited as authority (rule) Corrigan v. Cox
Cal. Ct. App. · 1967 · confidence medium
Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ] ; Cavero v. Franklin etc. Benevolent Soc., 36 Cal.2d 301 [ 223 P.2d 471 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ] ; Vaughn v. Jonas, 31 Cal.2d 586, 593 [ 191 P.2d 432 ]; Correa v. Quality Motor Co., 118 Cal.App.2d 246, 253 [ 257 P.2d 738 ], and Justice Vallee’s lament in Overton v. Vita-Food Corp., 94 Cal.App.2d 367, 370 [ 210 P.2d 757 ].) Appellant first contends that respondent’s conduct in copying patients’ records without his knowledge and consent, and later sending announcements of his new location to such patients, and seeking …
cited Cited as authority (rule) Haskins v. Holmes
Cal. Ct. App. · 1967 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Gross v. Needham, 184 Cal.App.2d 446, 456 [ 7 Cal.Rptr. 664 ].) 1.
discussed Cited as authority (rule) Haskins v. Holmes
Cal. Ct. App. · 1967 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Gross v. Needham, 184 Cal.App.2d 446, 456 [ 7 Cal.Rptr. 664 ].) The majority of cases in which it is urged that the damages are inadequate involve a jury award and/or order on plaintiff's motion for new trial, and a determination of the issue of adequacy by the appellate court on a review of the evidence in the record before it.
discussed Cited as authority (rule) Morgan v. International Aviation Underwriters, Inc.
Cal. Ct. App. · 1967 · confidence medium
On the other hand, ‘a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.’ [Emphasis added.] (Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ] ; italics added.) To the same effect: Logan v. Forster (1952) 114 Cal.App.2d 587, 602 [ 250 P.2d 730 ], “Neither by expression nor implication do the findings state the court’s position as to the possible estoppel. ...” Likewise in the case at bench the tri…
discussed Cited as authority (rule) Smith v. Hill
Cal. Ct. App. · 1965 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) The evidence amply supports such findings. *393 The court’s finding that the easement for stockpiling on lots 16 and 17 was appurtenant to lots 14 and 15 finds sufficient support in the evidence.
discussed Cited as authority (rule) San Bernardino Valley Water Development Co. v. San Bernardino Valley Municipal Water District
Cal. Ct. App. · 1965 · confidence medium
While it probably does not require separate findings on all issues of fact, it would appear to require, in those situations covered by § 634, something more than findings from which omitted findings could be inferred.” [Italics added.] In Culbertson v. Cizek, 225 Cal.App.2d 451, 465 [ 37 Cal.Rptr. 548 ], the court referred to the rule stated in Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ], as follows: “ ‘ [W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a find…
cited Cited as authority (rule) Weller v. Chavarria
Cal. Ct. App. · 1965 · confidence medium
(See Richter v. Walker (1951) 36 Cal.2d 634, 640 [226 P.2d 593]; Greenberg v. Hastie (1962) 202 Cal.App.2d 159, 173 [ 20 Cal.Rptr. 747 ].) Plaintiff made no request for special findings.
cited Cited as authority (rule) Healy v. Stationers Corp.
Cal. Ct. App. · 1964 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) The express finding quoted above was sufficient to indicate to appellants that they had presented no valid defense to respondent’s petition.
discussed Cited as authority (rule) Fairlane Estates, Inc. v. Carrico Construction Co.
Cal. Ct. App. · 1964 · confidence medium
(Ric hter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) In view of the foregoing determination and the admission in the answer of the defendants Lloyd Frimmersdorf and Lloyd Frimmersdorf & Associates, the finding that all of the defendants executed the subject contract must be sustained.
discussed Cited as authority (rule) Auer v. Frank
Cal. Ct. App. · 1964 · confidence medium
(Ruppert v. Jackson, 212 Cal.App.2d 678, 682-683 [ 28 Cal.Rptr. 467 ]; Haldeman v. Haldeman, 202 Cal.App.2d 498, 506-507 [ 21 Cal.Rptr. 75 ]; Carmichael v. Carmichael, 216 Cal.App.2d 674, 679 [31 Cal.Rptr. 514]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) As stated in Calloway v. Downie, 195 Cal.App.2d 348,353 [ 15 Cal.Rptr. 747 ]: “The prohibition of section 634 of the Code of Civil Procedure against inferred findings applies if the party attacking the judgment requested a specific finding on the issue in question. ’ ’ In the ease at bench plaintiff filed no objections, cou…
discussed Cited as authority (rule) Culbertson v. Cizek
Cal. Ct. App. · 1964 · confidence medium
As the court said in Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ] : “ [W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.” (See also Greenberg v. Hastie (1962) 202 Cal.App.2d 159, 173 [ 20 Cal.Rptr. 747 ].) However the above rule set forth in Richter, supra, is not operative where the appealing party made a written request in the trial co…
discussed Cited as authority (rule) Estate of Ruben
Cal. Ct. App. · 1964 · confidence medium
From this finding we think it can be reasonably implied that the court acting on the referee's recommendation found that the 1961 will was not decedent's last will and, having adopted the referee's report, that the provisions of such purported will, its existence at the testator's death, and its destruction during the testator's lifetime either fraudulently or by public calamity had not been established. [6] As stated in Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ]: "[W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because o…
discussed Cited as authority (rule) Cohen v. Koenig
Cal. Ct. App. · 1964 · confidence medium
As stated in Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ] : “[W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.” (See also Greenberg v. Hastie (1962) 202 Cal.App.2d 159, 173 [ 20 Cal.Rptr. 747 ].) Such principles are applicable here.
discussed Cited as authority (rule) Canadian Indemnity Co. v. Motors Insurance
Cal. Ct. App. · 1964 · confidence medium
(Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Greenberg v. Hastie (1962) 202 Cal.App.2d 159, 173 [ 20 Cal.Rptr. 747 ]; Pry Corp. of America v. Leach (1960) 177 Cal.App.2d 632, 636 [ 2 Cal.Rptr. 425 ].)
discussed Cited as authority (rule) Levine v. Armstrong
Cal. Ct. App. · 1963 · confidence medium
Co., 204 Cal.App.2d 540, 545 [ 22 Cal.Rptr. 560 ] is, in part, apposite: “At this juncture it is appropriate to consider certain rules of law pertaining to the sufficiency of findings and the need therefor under the evidence. [1] As a general rule ‘a judgment .will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made. ’ (Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Beksinski v. Beksinski, 151 Cal.App.2d 674, 676 [ 312…
discussed Cited as authority (rule) Carmichael v. Carmichael
Cal. Ct. App. · 1963 · confidence medium
As stated in Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]: “ [W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made. ...” Furthermore, it is apparent from the record that the only finding that could have been made as to the validity of the Nevada decree would have been that it was invalid.
discussed Cited as authority (rule) J. C. Wattenbarger & Sons v. Sanders
Cal. Ct. App. · 1963 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Broadway Federal etc. Loan Assn. v. Howard, 133 Cal.App.2d 382, 396 [ 285 P.2d 61 ]; Leonard v. Fallas, 51 Cal.2d 649, 653 [ 335 P.2d 665 ]; Berk v. Twentynine Palms Ranchos, Inc., 201 Cal.App.2d 625, 634 [ 20 Cal.Rptr. 144 ]; Lattanzi v. San Moritz Club, 202 Cal.App.2d 546, 551 [ 20 Cal.Rptr. 847 ].) *506 The definitive and compelling answer to this claim of appellant lies in the fact that he saw fit to sue by common count in several of his causes of action, and that the finding is properly responsive to his own pleading. “. .. indebt…
discussed Cited as authority (rule) DeMartini v. Department of Alcoholic Beverage Control
Cal. Ct. App. · 1963 · confidence medium
In Greenberg v. Hastie, supra, 202 Cal.App.2d 159 , 173 we quoted from Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ] as follows: “ ‘ [W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary *815 implication from the express findings which are made.” We find no obstacle to the application of this principle to findings in administrative proceedings.
discussed Cited as authority (rule) Spaziani v. Millar
Cal. Ct. App. · 1963 · confidence medium
Dist., 53 Cal.2d 735, 741 [ 3 Cal.Rptr. 343 , 350 P.2d 95 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) The plaintiff also claims that the trial court erred in finding as untrue the allegation that Gerald falsely represented that he intended to place a construction loan on the property and improve the same because, by his testimony, he admitted that he told her he would put a construction loan on the property and build on it, and the fact that he caused $2,700 of the proceeds from the $11,000 loan to be paid to his real estate firm is proof that he made the representation in ques…
discussed Cited as authority (rule) Palmer v. Financial Indemnity Co.
Cal. Ct. App. · 1963 · confidence medium
Co., 55 Cal.2d 430, 438 [ 11 Cal.Rptr. 560 , 360 P.2d 50 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) Applying the foregoing general rules to the instant ease, we conclude that the findings of the trial court as to bad faith are supported by the evidence.
cited Cited as authority (rule) Hicks v. Hicks
Cal. Ct. App. · 1962 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ] ; Greco v. Oregon Mut.
discussed Cited as authority (rule) Mathewson v. Mathewson
Cal. Ct. App. · 1962 · confidence medium
Dist., 53 Cal.2d 735, 741 [ 3 Cal.Rptr. 343 , 350 P.2d 95 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) The oral opinion of a trial judge may not be substituted for findings of fact by the court.
discussed Cited as authority (rule) City of National City v. California Water & Telephone Co.
Cal. Ct. App. · 1962 · confidence medium
As a general rule “a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.” (Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Beksinski v. Beksinski, 151 Cal.App.2d 674, 676 [ 312 P.2d 268 ].) However, this rule does not apply if the appealing party made a request for a specific finding upon the issue in controversy.
discussed Cited as authority (rule) Winegar v. Gray
Cal. Ct. App. · 1962 · confidence medium
“Findings of fact must be liberally construed to support the judgment ...” (Johndrow v. Thomas, 31 Cal.2d 202, 207 [ 187 P.2d 681 ]) ; in the absence of indications to the contrary, include findings on all special facts necessary to sustain them (Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Greco v. Oregon Mut.
discussed Cited as authority (rule) Grange Co. v. Simmons
Cal. Ct. App. · 1962 · confidence medium
As is said in Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]: “[W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.
discussed Cited as authority (rule) McKinney v. Ruderman
Cal. Ct. App. · 1962 · confidence medium
It is also to be noted that while full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.” (Richter v. Walker, 36 Cal.2d 634, 639, 640 [ 226 P.2d 593 ].) Until 1956 there was no claim that the area embraced within the platted street in question was not subject to use for street purposes, and no objection had been made to its use for those purposes.
discussed Cited as authority (rule) Haldeman v. Haldeman
Cal. Ct. App. · 1962 · confidence medium
(La Mar v. La Mar, 30 Cal.2d 898 , 900 [ 186 P.2d 678 ].) Respondent argues that “a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent *507 with the judgment, results by necessary implication from the express findings which are made.” (Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ].) He also argues that appellant waived the right to complain by not having taken advantage of the 1959 amendment of the Code of Civil Procedure, section 634, which provides, inter alia, that: "If upon appeal ... it appea…
discussed Cited as authority (rule) Greenberg v. Hastie
Cal. Ct. App. · 1962 · confidence medium
As stated in Richter v. Walker (1951) 36 Cal.2d 634, 640 [ 226 P.2d 593 ] : “ [W]hile full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made.” In the light of the record, it also appears that had the trial court made a finding on such issue, it could have only found that the buyer ordered Hastie to make the inspection and thus have found adversely to Hastie’s cont…
discussed Cited as authority (rule) Bailey v. Department of Alcoholic Beverage Control
Cal. Ct. App. · 1962 · confidence medium
(Richter v. Walker, 36 Cal.2d 634, 639 [226 P.2d 593]; Johndrow v. Thomas, 31 Cal.2d 202, 207 [ 187 P.2d 681 ]; Woodbine v. Van Horn, 29 Cal.2d 95, 109 [ 173 P.2d 17 ]; Knapp v. City of Newport Beach, 186 Cal.App.2d 669, 673 [ 9 Cal.Rptr. 90 ]; Arvin-Kern Co. v. B.
discussed Cited as authority (rule) Cottle v. Gibbon
Cal. Ct. App. · 1962 · confidence medium
(Blank v. Coffin, 20 Cal.2d 457, 461 [ 126 P.2d 868 ]; Church of Merciful Saviour v. Volunteers of America, 184 Cal.App.2d 851, 856-857 [ 8 Cal.Rptr. 48 ].) When the sufficiency of the evidence to sustain a finding of fact is contested on appeal, the issue thus presented is whether there is any substantial evidence, direct or indirect, contradicted or uncontradicted, which will support the finding (Primm v. Primm, 46 Cal.2d 690, 693 [ 299 P.2d 231 ] ; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]); it will be assumed that the trial judge resolved every factual conflict in favor of the…
discussed Cited as authority (rule) Smith v. Smith
Cal. Ct. App. · 1961 · confidence medium
(Primm v. Primm, 46 Cal.2d 690, 693 [ 299 P.2d 231 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ].) There is substantial evidence in the record before us, as heretofore noted, which supports the finding of the trial court as to the value of the right to renewal commissions on policies issued through the defendant’s agency during marriage.
discussed Cited as authority (rule) McAuliffe v. Foglesong
Cal. Ct. App. · 1961 · confidence medium
(Richter v. Walker (1951), 36 Cal.2d 634, 646 [ 226 P.2d 593, 600 ].) Bach amount is figured Erom the day a sum became due and remained unpaid; it is cot calculated as though it ran from the date of the contract.
discussed Cited as authority (rule) Mann v. City of Bakersfield
Cal. Ct. App. · 1961 · confidence medium
Dist., 53 Cal.2d 735, 741 [ 350 P.2d 95 ] ; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ] ; Pry Corp. of America v. Leach, 177 Cal.App.2d 632, 636 [ 2 Cal.Rptr. 425 ].) Implicit in the findings herein is the determination that the grant in question constituted a franchise; was subject to the term limitation prescribed by the charter; and ceased to exist upon the expiration of 25 years.
discussed Cited as authority (rule) Greco v. Oregon Mutual Fire Insurance
Cal. Ct. App. · 1961 · confidence medium
On appeal findings must be construed in support of the judgment (Richter v. Walker, 36 Cal.2d 634, 639 [ 226 P.2d 593 ]; Johndrow v. Thomas, 31 Cal.2d 202, 207 [ 187 P.2d 681 ]); and it will be assumed in support of the judgment in this ease that the assignment referred to in the finding in question was implied from the conduct of the parties and occurred upon the close of escrow.
discussed Cited as authority (rule) Larkin v. Jesberg
Cal. Ct. App. · 1961 · confidence medium
In Richter v. Walker, 36 Cal.2d 634, 639 [ 226 P.2d 593 ], the court said: “ As to the principles governing appellate courts in considering the adequacy of findings to dispose of issues and support a judgment it is a general rule that ‘Even though a finding might have been more clearly phrased, it is sufficient if its language is clear enough to indicate what the court intended; . . ” Furthermore, in another finding the court clarified the ambiguity.
discussed Cited as authority (rule) Fries v. Anderson, Clayton & Co.
Cal. Ct. App. · 1961 · confidence medium
Corp., 42 Cal.2d 734, 736 [ 269 P.2d 12 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ].) Section 12300 of the Business and Professions Code provides that; “Contracts . . . for anything to be sold ... by weight or measure shall be construed according to the common standards, or according to the weights and measures of the metric system authorized by Congress, as the contract provides.” It is argued that the only weight which may be considered under such circumstances is a scale weight; that a custom which substitutes an esti…
discussed Cited as authority (rule) Nicolayson v. Chip Steak Co.
Cal. Ct. App. · 1961 · confidence medium
Any uncertainty in the findings will be construed to support the judgment rather than defeat it (Richter v. Walker, 36 Cal.2d 634, 639 [ 226 P.2d 593 ] ; Aguirre v. Fish & Game Com., 151 Cal.App.2d 469, 474 [ 311 P.2d 903 ]).
discussed Cited as authority (rule) Rossi v. Hackett
Cal. Ct. App. · 1961 · confidence medium
As said in Richter v. Walker, 36 Cal.2d 634, 639 [ 226 P.2d 593 ] : “As to the principles governing appellate courts in considering the adequacy of findings to dispose of issues and support a judgment it is a general rule that ‘Even though a finding might have been more clearly phrased, it is sufficient if its language is clear enough to indicate what the court intended; and if there are findings sufficient to support the judgment, they are not vitiated by the unintelligibility of others.
Retrieving the full opinion text from the archive…
PAUL RICHTER, Appellant,
v.
DONALD WALKER Et Al., Respondents
Sac. 6000.
California Supreme Court.
Jan 26, 1951.
226 P.2d 593
Curtiss E. Wetter and Rawlins Coffman for Appellant., Alfred E. Frazier for Respondents.
Schauer.
Cited by 136 opinions  |  Published
SCHAUER, J.

Plaintiff sued to foreclose a claimed mechanic’s lien for $3,187.22, with interest, for labor performed and materials furnished assertedly under an oral[*637] contract to drill a water well on the land of defendants Donald Walker and Ona Walker. These defendants joined issue denying that plaintiff had performed his contract, and cross-complained for damages for breach of contract. The trial court determined that plaintiff had not performed the contract, that such work as was done had not been done in a good or workmanlike manner, and disallowed the lien; it did, however, allow plaintiff the sales price of a pump and motor sold to defendants ($1,350.50), deducting therefrom $653 which defendants had expended in an attempt to improve the well. Plaintiff, who appeals, contends that the evidence does not support the findings nor the findings the judgment. We have concluded that there is ample evidence to support the findings and that the findings, liberally construed, sustain the judgment.

Plaintiff alleges in his complaint that in March, 1947, he and defendants entered into an oral contract for the drilling of a well and the installing of a pump on defendants’ property in Tehama County; that he commenced work and first furnished material in connection therewith on the same day; and that he completed the work on June 27, 1947.

Defendants in their answer allege that in October, 1945, they entered into an oral contract with plaintiff whereby he agreed to drill a well on the premises to a depth of 200 feet, if necessary, and “that such well would produce Six Hundred (600) gallons of water per minute”; it was further understood and agreed that defendants would seek to procure a government loan for the financing of the well. Defendants admit that plaintiff entered upon drilling operations on March 15, 1947, but allege that he failed to complete the well in accordance with specifications or in a workmanlike manner, and that, as a proximate result of the carelessness, inefficiency and negligence of plaintiff the well, as left by plaintiff, produced no more than 150 gallons a minute; that the pump installed by plaintiff was not the proper pump for the kind of well produced and was inefficient and too expensive for economical operation; that plaintiff was “fully informed and advised and knew that the defendants were engaged in dairy business and other farming operations,” were contemplating extensive leveling work and were in need of the water in the quantity contracted for; that the well as constructed by plaintiff was “of absolutely no value whatever to the defendants and for the defendants to continue their farming operations, they will have to drill an entirely[*638] new well.” Defendants then cross-complained, seeking damages of $12,653 for plaintiff’s alleged breach of contract.

The trial court’s findings, although not as specific or certain as could be desired, do determine that plaintiff agreed, in October, 1945, to drill the well at a cost of $5.00 a foot, furnish the casing therefor, and supply a proper pump and motor; such findings also determine that “it was further agreed that said well would be drilled to a depth of two hundred feet if necessary to provide adequate water for the purposes of said Donald Walker [defendant] and that Paul Richter [plaintiff] would drill said well in a good and workmanlike manner and that said Paul Richter guaranteed the quality of his workmanship. . . . [T]hat said Paul Richter commenced work . . . pursuant to said oral contract on or about March 15, 1947, and thereafter drilled a hole in the premises of said Donald Walker and inserted certain casing therein, and thereafter . . . about March 22, 1947, completed all of his work concerning the said premises of Donald Walker; . . . supplied to the said Donald Walker and Ona Walker a certain Pairbanks-Morse pump and motor at an agreed price of $1350.50, and that the said sale of said pump and motor at said price was separate and distinct from the contract for the drilling of the said well . . . That it is true that the said Paul Richter did not drill said well in a good or workmanlike manner, and . . . said well was and is defective; . . . Paul Richter, was fully informed and advised concerning the requirements of volume of water from said well to make said well economic and practicable and the amount of water so required was between four hundred fifty and five hundred gallons per minute; . . . that if said well had been drilled in a good and workmanlike manner, it might have produced the volume of water required; . . . that said well as drilled . . . failed to produce more than one hundred fifty gallons per minute, and it is true that such failure is partly due to the bad and unworkmanlike manner of drilling performed by the said Paul Richter; . . . that as produced by the said Paul Richter, the well is of slight or very little value to the defendants . . . and is of only slight value to the said premises . . . and does not constitute any improvement whatever to said premises.

“That it is true that immediately after the said Paul Richter ceased drilling operations at said well, he was informed by the cross-plaintiffs of the defective condition of said well and was given ample opportunity to improve said well and[*639] correct any errors made, but . . . thereupon failed and refused to do anything further concerning said well; . . . that after the repeated refusal of the said Paul Richter to improve said well or to make any effort to improve said well, the cross-plaintiffs . . . undertook to make improvements and expended the sum of Six Hundred Fifty-three Dollars . . . therefor. ... [I]t is true that said well is valueless to any portion of the said premises.

. . [T]hat defendants . . . are indebted to the plaintiff ... in the sum of . . . $1350.50 . . . purchase price for said . . . pump; that . . . cross-defendant, Paul Richter, is indebted to the defendants and cross-plaintiffs ... in the sum of . . . $653.00 . . . expended ... to improve the said well.

“Except as otherwise specifically found, none of the allegations of the plaintiff’s complaint are true, and all of the allegations and denials of the . . . Answer and Cross-complaint as amended are true.”

Upon the findings the court concluded that plaintiff was not entitled to a lien but was entitled to recover $697.50 with costs, and judgment was rendered accordingly. Plaintiff’s main contentions are that there is not substantial evidence to support certain of the material findings, hereinafter particularly identified, and that the findings do not sustain the judgment rendered.

As to the principles governing appellate courts in considering the adequacy of findings to dispose of issues and support a judgment it is a general rule that “Even though a finding might have been more clearly phrased, it is sufficient if its language is clear enough to indicate what the court intended ; and if there are findings sufficient to support the judgment, they are not vitiated by the unintelligibility of others. Any uncertainty in the findings will be construed so as to support the judgment rather than to defeat it.” (24 Cal.Jur. 965, § 201.) Even where findings are to some extent inconsistent a judgment may not be set aside unless the conflict is clear and material and the findings are incapable of being harmoniously construed. (See 24 Cal.Jur. 967, § 202, and cases there cited; see also 10 Cal.Jur. 10-Yr.Supp. [1947 Rev.] 712, § 202, and cases cited. ) Furthermore, general findings that all the allegations or denials of a pleading are true except those as to which the court makes a specific finding, are upheld if by reference to the pleading the import of the finding is reasonably certain. (See 24 Cal.Jur. 987,[*640] 988, § 214, and cases cited; see also cases cited in 10 Cal.Jur. 10-Yr.Supp. [1947 Rev.] 717, 718.) It is also to be noted that while full findings are required upon all material issues a judgment will not be set aside on appeal because of a failure to make an express finding upon an issue if a finding thereon, consistent with the judgment, results by necessary implication from the express findings which are made. (See 24 Cal.Jur. 974, § 207, and cases cited.) And, of course, as to the sufficiency of evidence to support findings, it is the time honored rule that all substantial conflicts must be resolved in favor of the respondent, and all legitimate and reasonable inferences indulged in to uphold the findings if possible. (Crawford v. Southern Pac. Co. (1935), 3 Cal.2d 427, 429 [45 P.2d 183]; Estate of Bristol (1943), 23 Cal.2d 221, 223 [143 P.2d 689]; see also Powell v. Pacific Electric Ry. Co. (1950), 35 Cal.2d 40, 41 [216 P.2d 448].)

Specifically, plaintiff contends that the evidence does not support the finding that he did not drill the well in a good and workmanlike manner; his position is that the failure of the well was not due to his activity or lack of activity but rather to the lack of water in the ground. Treating first the necessarily implied finding that there was ample water underground, the record shows the following: Mr. Halle, an engineer with the Farmers Home Administration whose job it is to approve expenditures of government loan funds for various water facilities projects and who had inspected the Walker property and well, testified that in his opinion, based on inspection of wells in the surrounding community and his experience, if a well were properly drilled at the point where plaintiff drilled the well “he should get a well there that would deliver around between four hundred and five hundred gallons a minute at a lift not to exceed ninety feet”; and that he, the witness, would be willing to recommend to the government and to defendants the drilling of another well to obtain the water desired. There is other and detailed testimony in the record concerning the wells in the area and while, as remarked by the judge, “there are wells and wells,” nevertheless wells in the area producing water from about the same depth are a strong indication of its presence throughout the immediately surrounding area. Furthermore, plaintiff’s employe, the driller of the well, remarked to a government clerk that “if the well had been drilled properly and had been taken care of afterwards properly . . . Mr. Walker would have had all the water he[*641] needed.” The evidence which has been set forth is ample to support the finding, necessarily implied from the express findings above quoted, that there was sufficient water underground at the point of drilling to make a properly drilled and completed well produce water sufficient to supply defendants’ needs.

As to the finding that the plaintiff did not drill the well in a good and workmanlike manner, the record shows the following: Plaintiff commenced drilling on March 15, 1947; on March 22, when the depth of 173 feet was reached the drilling was stopped because, according to the defendant Walker’s testimony, the plaintiff and his driller represented to him that “there was enough water [at this depth] and that he should quit drilling.” The pump which was to be installed in the well had not arrived so plaintiff “sealed and capped” the well and did nothing further until June 24 when the pump was received and installed. As found by the court the maximum amount of water per minute which the well would produce was. only 150 gallons instead of the 450 to 500 gallons needed by defendants and required “to make said well economic and practicable.”

Mr. Halle, the government civil engineer, testified that an essential part of a good and workmanlike job of drilling a well is the practice of “developing the well.” “Developing a well means to remove fine materials . . . like clay or fine sand, which are found in water bearing strata, to remove those.to the point where a larger area will deliver water to the perforations in your casing . . . the usual practice is to within a few days to bring in a pump and pump the well, develop the well, clean the well out by pumping ...” (Italics added.) Others testified to similar “standard” practices in the drilling of wells.

Mr. Halle further stated that to permit “a well to stand for a considerable period of time, say up to three months after drilling and before pumping,” as was done here, is dangerous in that the fine materials which are allowed to remain become “very dense and because of their density obstruct the flow of water.” Halle did not believe plaintiff had “done a good job out there . . . [Plaintiff] didn’t clean the well out” after finishing drilling and “didn’t put a test pump on . . . [to] determine what the characteristics of the well was, so that a proper pump and motor could be put in there to operate it to the maximum efficiency. ”

[*642] Driller Ackley, plaintiff’s employe, testified that the defendants’ well in the present case was not pumped immediately after drilling; it was not pumped until more than three months later, i. e., June 24, when the pump which the parties had agreed to install in the well for permanent use arrived. Plaintiff Richter’s explanation for his failure to have the well “developed” immediately after drilling and for not using a test pump to determine the characteristics of the well was that not only was it beyond the scope of the contract but that defendant Walker, when he had an opportunity to order the use of a test pump, refused to expend an additional $140 to secure one. However, the findings of fact do not support plaintiff in this explanation. The court impliedly found that a good and workmanlike performance of the contract by plaintiff should have included developing of the well. Plaintiff did warrant that he would do a good and workmanlike job, and from the evidence related above the trier of fact could well determine that proper procedure, as part of the job of drilling a well, called for pumping to “develop” the well without delay, and also testing to determine the characteristics of the well. This being true, the defendant was under no obligation to advance an additional $140 to induce plaintiff to do what he was already obligated to do.

Plaintiff seeks to fortify his position that the evidence does not warrant the finding that he did not do a workmanlike job by pointing to certain statements contained in a written “opinion” of the trial court. That opinion, however, assuming but not suggesting that it might otherwise have significance, was rendered ineffective by the fact that the court reconsidered the matter upon additional evidence, prepared a subsequent opinion, and thereafter rendered its findings and conclusions. The formal findings and conclusions constitute the court’s decision and are controlling. (Strudthoff v. Yates (1946), 28 Cal.2d 602, 615 [170 P.2d 873]; Feebler v. Olds (1945), 71 Cal.App.2d 382, 389 [162 P.2d 953]; Stone v. Los Angeles County Flood, Control List. (1947), 81 Cal.App.2d 902, 907 [185 P.2d 396].)

Plaintiff also challenges the subject finding by pointing to his own testimony that he did a good job and to testimony of certain other witnesses, both of plaintiff and defendants, to the effect that at various times these persons stated, “it looked like the finest well in the country to me,” “I thought he had a good well,” etc. It is clear, however, that[*643] such testimony merely creates a conflict in the evidence. Under those circumstances, as previously pointed out, a finding will not be overthrown on appeal.

Plaintiff further contends that the finding that when drilling had ceased defendants asked plaintiff to correct the condition and gave him plenty of time to improve the well, and that plaintiff refused, is not supported by the evidence. However, plaintiff himself testified: “He [Walker] told me [Richter] that that was not enough water . . . Q. He asked you to try to correct it several times, didn’t he? A. Yes, he did, but I also asked him for the amount of money due me.” Plaintiff now contends that the finding was not correct in that it states that the requests were made “when drilling was ceased,” when actually the request was not made until after the pump had been installed. According to defendant, he did question plaintiff about the testing and pumping of the well immediately after drilling. In any event, such a narrow construction of the language used, as that now urged by plaintiff, does not appear to be reasonable or to have been contemplated by the parties. As to the layman defendants it is hardly to be thought that a mere viewing of the capped well would have revealed its defects; they could only judge by the results after a pump—temporary or permanent—was installed; the phrase “when drilling was ceased” must be construed to include that time.

There is a conflict in the evidence as to the terms of the contract with regard to the supplying and installing of the pump. Defendants’ position is that plaintiff was to supply a “proper pump” for the well produced; plaintiff’s position is that the contract expressly called for the installation of a 15 horse power pump, to cost $1,350.50. The trial court found that plaintiff agreed “to supply a proper pump and motor complete ... at an agreed price of $1,350.50.” The pump supplied was, because of the low capacity of the well, much too powerful; it was, as plaintiff points out, not necessarily a “proper pump” for this well. While this may be true, the finding may nevertheless stand, for the terms of the contract did contemplate a well producing at least 450 gallons a minute and, for the well anticipated, the pump was “proper.” Plaintiff, in any case, should not be allowed to complain of this discrepancy for he was awarded the full price of the pump. There is evidence in the record to sustain defendants’ version of the contract, and there is also evidence, as stated previously, that the drilling of a well, and the instal[*644] lation of a pump, in a workmanlike manner, necessarily involves the installation of a proper pump; i. e., one that conforms to the characteristics of the well. Under this view of the case, plaintiff would not have been entitled to even the cost of the pump, which he was awarded.

Plaintiff further contends that the findings are vague, conflicting, argumentative and cannot sustain the judgment. As noted earlier, the trial court found that “if said well had been drilled in a good and workmanlike manner, it might have produced the volume of water required, ’ ’ that its failure to produce was “partly due to the bad and unworkmanlike manner of drilling performed,” and that said well is of “slight or very little value to the defendants,” “is of only slight value to the said premises,” and “does not constitute any improvement whatever to said premises.” (Italics added.) It must be agreed that the findings do appear somewhat' equivocal. However, the court did find squarely that plaintiff had agreed to drill to a depth of 200 feet “if necessary to provide adequate water for the purposes of said Donald Walker”; that plaintiff “was fully informed and advised concerning the requirements of volume of water . . . and the amount . . . was between four hundred fifty and five hundred gallons per minute; . . . that said well as drilled . . . failed to produce more than one hundred fifty gallons per minute” and that “it was and is defective”; that plaintiff was informed of the defective condition and “given ample opportunity to improve said well . . . but . . . failed and refused to do anything further”; that he had guaranteed good workmanship but that his workmanship was not good; and that “said well is valueless to any portion of the said premises.” We are satisfied that, viewed favorably to sustaining the judgment, the equivocal findings cannot be held to so vitiate the unequivocal findings as to make the judgment untenable. It is also to be noted that the general finding that “Except as otherwise . . . specifically found, none of the allegations of the plaintiff’s complaint are true, and all of the allegations and denials of the defendants and cross-plaintiffs’ Answer and Gross-complaint as amended are true,” affords further support for resolving equivocal ambiguities in the findings in favor of defendants.

The claim of lien filed by plaintiff alleges that plaintiff and defendants Donald and Ona Walker entered into an oral contract for the drilling of the well, installation of casing and furnishing of a pump and that the contract “provided[*645] in substance that . . . Richter should provide the necessary-equipment and drill said well as deep as may be necessary to obtain an adequate supply of water,” etc. From what has heretofore been said it appears that the court found (and on the record the findings cannot be challenged successfully) that plaintiff failed to perform his contract, that his work was not done in a workmanlike manner, that the well “is valueless to any portion” of the premises, “does not constitute any improvement whatever” and that the “sale of said pump and motor at [an agreed price of $1,350.50] . . . was separate and distinct from the contract for the drilling of the said well.’ ’ Since plaintiff did not perform his contract, since the work done added no value to the premises and was of no value to defendants, and since the sale of the pump and motor was independent of the well drilling contract, it appears that the claim of lien was correctly denied. Furthermore, it is undisputed that at some time since rendition of the judgment, defendants have tendered to plaintiff the full amount adjudged to be due. Such tender would have extinguished a lien if it had been previously allowed. (See Kaufman v. All Persons (1911), 16 Cal.App. 388, 402 [117 P. 586]; Bogue v. Roeth (1929), 98 Cal.App. 257, 261 [276 P. 1071]; Wagner v. Shoemaker (1938), 29 Cal.App.2d 654, 657 [85 P.2d 229]; see also Sondel v. Arnold (1934), 2 Cal.2d 87, 89 [39 P.2d 793]; 16 Cal.Jur. 323, §24.)

In connection with plaintiff’s contention that he should have had judgment for the full amount sued for, plaintiff urges that he was entitled to interest thereon from June 27, 1947, [1] the date he asserts he was entitled to “full payment” from defendants. As already mentioned, the trial court found that the sale of the pump to defendants was separate and distinct from the contract for the drilling of the- well. It is provided in section 1762 of the Civil Code that “Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price and the buyer must be ready and willing to pay the price in exchange for possession of the goods.” The trial court made no specific finding as to the time plaintiff became entitled to payment for the pump, or that the parties had agreed on the matter; [*646] neither have we discovered nor have defendants pointed to evidence in the record specifically concerning the date payment was to have been made (other than in relation to defendants’ contention that no payment whatever would become due until plaintiff installed a “proper pump” in a “good and workmanlike well,” a contention on which the trial court found against defendants). It necessarily follows, we think, from the code section quoted and from the express findings which determine the date of installation of the pump, that plaintiff became entitled to payment for it not later than June 27, 1947, and it further follows (in the absence of a showing of the date on which the $653 offset accrued) that he is entitled to interest (see Civ. Code, §§ 3287, 3302) at the legal rate of 7 per cent per annum on the price of the pump ($1,350.50) from that date to the date (September 13, 1948) of the entry of the judgment of the trial court herein. We find no necessity for modifying the findings of fact.

The judgment is modified to provide that plaintiff receive interest at the rate of 7 per cent per annum on the sum of $1,350.50 from June 27, 1947, to September 13, 1948, and as so modified is affirmed.

Gibson, C. J., Shenk, J., Edmonds, J., Carter, J., Traynor, J., and Spence, J., concurred.

1

Three days after delivery of the pump.