dissents in part:
I agree that the judgment in favor of Lawrence be affirmed and that the judgment for Reyna and against the Bank in its individual corporate capacity be reversed and that the cause be remanded with directions to enter judgment for the Bank in its individual corporate capacity and against Reyna. I disagree with the reasoning of the opinion. I dissent from that part of the opinion which reverses the judgment in favor of the Bank as Trustee and against Reyna and remands the cause with directions to enter judgment in favor of Reyna and against the Bank as Trustee. I think that the judgment in favor of the Bank as Trustee and against Reyna for $30,676.69 should be affirmed.
Reyna negotiated for a lease with the Bank as Trustee. She is an experienced business woman. She had the advice of able and experienced counsel. Lawrence had authority to represent the Bank as Trustee in negotiating and executing the lease. This landlord was at all times ready, able and willing to carry out the terms of the lease. She engaged the architect and contractor. The trial judge found that the lease was valid and binding and that there was no fraud. These findings are strongly supported by the record. I cannot understand how the majority opinion can absolve Reyna from her responsibilities. The judgment in favor of the Bank as Trustee for $30,676.69 is just and should be affirmed.
The incorrect information given by the Bank to Reyna is not actionable because she did not suffer any damages by reason of this incorrect information. Furthermore there is no proof of damages to sustain the judgment against the Bank in its individual capacity. Prior to the time that the information was given to her she had abandoned the project. At most the misinformation prompted her to advance another ground for repudiation. The misinformation was corrected long before the case was at issue and could not be relied upon as a ground for repudiating the lease. The majority opinion is inconsistent in upholding the contentions of Lawrence and of the Bank in its individual corporate capacity and in rejecting the position of the Bank as Trustee.