The $202,500 purchase price of the property (hereinafter referred to as Elkhorn) was paid $52,500 in cash and the remaining $150,000 was represented by a note signed by Homer in his individual capacity and secured by a deed of trust on the ranch. The remaining 5,750 shares were owned by three blood relatives. At the time of the 1946 purchase Homer was president of the board, general manager, and owner of 2,250 shares in the corporation. In February 1946 title to the land upon which appellant seeks to impress a trust in this action was taken in the name of Homer Ensher and remained in his name at the time of his death in June 1957, at which time the title passed to his wife, the respondent in this action, as sole devisee of his will. During this period of time all of the stock in the corporation was owned by Homer and several blood relatives. That part of the evidence which is uncontradicted presented the following situation: Homer Ensher, deceased husband of respondent, was at all times subsequent to 1939 until his death in 1957 a shareholder and president of the board of directors of appellant corporation, and for most of that time was also the general manager. We believe there is merit to appellant's contentions and therefore the case must be remanded in order that more complete findings be made.
#Ensher alexander and barsoom sarcamento ca trial#
Appellant's principal contentions on this appeal are that the trial court erred in failing to make findings on all material issues and, as a corollary, the findings made do not support the adjudication of laches. The minute order and judgment entered after the completion of a 13-day trial indicated that appellant's *186 claim was barred by laches.
This is an appeal by appellant from an adverse judgment in an action to declare respondent to be the resulting or constructive trustee of certain real property, commonly known as "Elkhorn Ranch," for the sole use and benefit of appellant. 26, 1962.ĭodge, Evans, Reyes, Brorby & Driscoll, McCarthy & Crow, Patrick J. 2d 184(1962) ENSHER, ALEXANDER & BARSOOM, INC., Plaintiff and Appellant,
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