Wheeler v. Bolton
92 Cal. 159 ·
Supreme Court of California · Filed
Published · citable
Holding
The court held that the trial court erred by using the appraised value of a 72-acre tract of land from the estate’s inventory as the basis for calculating damages against an executor for his alleged negligence, when the court’s own findings established that the decedent’s valid claim extended only to a 42-acre portion of that tract. The judgment could not stand because the foundational evidence of value was fundamentally misapplied to an asset that did not correspond to the property for which liability was found.
Statutes construed
- CCP § 1613
- CIV § 3333