[DOWNLOAD] "Gagne V. Bertran" by Supreme Court Of California * eBook PDF Kindle ePub Free

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eBook details

• Title: Gagne V. Bertran
• Author : Supreme Court Of California
• Release Date : January 19, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The evidence in this case is in sharp conflict and is considered here in the light most favorable to plaintiffs. Plaintiffs had contracted to buy two unimproved lots for $8,500 "subject to . . . a fill test to be made at buyer's expense." Plaintiff Joseph Billiet telephoned defendant that he  had a contract to buy the lots but "would not proceed with the deal unless we had a test made for fill, and I told him if he would like to do it, I would like to have him handle it because he handled my work before, so he said, 'All right, I will take care of it.'" Billiet testified that between 1939 and 1942 defendant told him that it was his business to test soil for fill and that he employed defendant on four different occasions for that purpose. Defendant did not tell plaintiffs at any time that he was not a geologist or soil engineer or that plaintiff should get an engineer or city inspector to check the soil. Defendant fixed the price for his services at $10 per hour, which plaintiffs agreed to pay. On March 7, 1947, several days after this telephone conversation, defendant sent two employees and a drilling rig to plaintiffs' lots. Several holes had been drilled when Billiet arrived at the lots; defendant arrived shortly thereafter. Billiet testified that he remained on the sidewalk near the street while defendant picked up and examined samples of soil at each of the holes drilled. The location, depth, and number of holes to be drilled were entirely under the control of defendant. After defendant had examined samples of soil from each of the holes, he directed his employees to close the holes and told Billiet that he had "nothing to worry about here. It is perfectly okay. . . . You may go 12 to 16 inches but that is about all. . . . You have got a normal condition here, for about an 18 inch foundation." Defendant's employee in charge of the drilling rig testified, however, that he observed evidence of fill 4-5 feet deep in several of the holes, but did not inform either his employer or plaintiff of that fact. On March 17, 1947, in response to defendant's invoice, plaintiffs mailed defendant a check for $25 for his services and requested a letter from defendant stating his "findings" because it might be required by F.H.A. Defendant replied that "On March 7, 1947 we drilled five 16" dia. test holes . . . the holes were drilled to a depth of 5'0 to 6'0 deep, we did not find any evidence of fill other than on the surface for about 12" to 16"." Defendant's invoice included the printed statement that among other things he did "test drilling." Billiet testified that in reliance on

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