Jones v. Pollock

SCHAUER, J.

I dissent. Obviously the contract is ambiguous. The parties differ in their respective interpretations of it; justices of this court differ among themselves and the majority differ from the trial judge; the whole burden of the controversy is the construction to be placed on the uncertain contract. Perusal of the 946 pages of reporter’s transcript, together with the several exhibits, discloses evidence competent and ample in every respect to support the trial court’s construction of the ambiguous contract. If we follow the law, the trial court’s construction should prevail. (Edwards v. Billow (1948), 31 Cal.2d 350, 359 [188 P.2d 748]; Palmtag v. Danielson (1947), 30 Cal.2d 517, 522 [183 P.2d 265]; Estate of Rule (1944), 25 Cal.2d 1, 11 [152 P.2d 1003, 155 A.L.R. 1319].) The findings, liberally construed to support the judgment, are not in my view inadequate as a matter of law. I would, therefore, affirm the judgment.

Respondents’ petition for a rehearing was denied April 11, 1950. Schauer, J., voted for a rehearing.