Ortiz v. Avila

Defendants, Augustine and Mercy Avila, are ranchers in El Dorado County. Plaintiff, Joseph Ortiz, came to live with them in January 1956, remaining until July 1961. The status of moneys delivered by plaintiff to defendants during this period is the subject of the controversy. The theory of the complaint was that plaintiff, who was a person of subnormal intelligence, had delivered his paychecks to defendants; that he “reposed special trust and confidence in defendants ’ ’; that defendants agreed to act as plaintiff’s agents, representing they would open and maintain a bank account in his name…